Mengo says she reciprocated Mbenenge’s sexual messages ‘to satisfy him for peace at work’
Andiswa Mengo laid a complaint against the Eastern Cape judge president, accusing him of making unwanted sexual advances towards her.
Eastern Cape Judge President Selby Mbenenge. Picture: X/@WhyJudgesMatter
The Judicial Conduct Tribunal investigating allegations of sexual harassment against Eastern Cape Judge President Selby Mbenenge has heard that the sexual WhatsApp chats between him and junior judge’s secretary Andiswa Mengo were “consensual flirtation.”
Mbenenge’s advocate, Muzi Sikhakhane, cross-examined Mengo on Tuesday after the tribunal heard evidence last week that the Judge President sexually harassed her between 2021 and 2022 through a series of suggestive messages via WhatsApp, inappropriate comments, and an incident in his chambers where he asked her to “suck his penis.”
The tribunal began on 13 January.
Watch Andiswa Mengo being cross-examined by Muzi Sikhakhane
The Judicial Conduct Tribunal into allegations of sexual harassment against Eastern Cape Judge President Selby Mbenenge has heard the sexual WhatsApp chats between him & judge’s secretary Andiswa Mengo was “consensual flirtation.” Video: Newzroom Afrika @TheCitizen_News pic.twitter.com/HbS5rzXKxK
— 𝙵𝚊𝚒𝚣𝚎𝚕 𝙿𝚊𝚝𝚎𝚕 ⚡️ (@FaizelPatel143) January 22, 2025
‘Flirtation’
During cross-examination, Sikhakhane suggested to Mengo that there was nothing wrong with “flirtation” and that she had also sent him sexually suggestive messages.
Sikhakhane said that Mengo had not been truthful when giving evidence and when disclosing her own “salacious” messages in her complaint (which she filed with the Office of the Chief Justice).
ALSO READ: ALSO READ: Mbenenge allegedly propositioned secretary for sex, sent explicit picture [VIDEO]
‘Little girl’
He suggested that this was because Mengo was attempting to conceal her own “disgusting” behaviour and to portray herself as “the good one” while Mbenenge was “the bad one”, describing her as a “little girl who is scared”.
“In this statement that you filed, what you talk about are messages from the respondent. In fact, you do not talk much about your own, what you said. What that means is that you do not completely set out the entire context of your conversations.
“You say less about what I think are your own graphic statements that you made. In fact there is nothing as graphic as what you’ve told us that gives the impression you also sent salacious messages. Is there a reason, before I put my proposition to you that you concealed those salacious statements from you?” questioned Sikhakhane.
Mengo said: “No I have no reason.”
‘Disgusting thing’
Sikhakhane then told Mengo that she did not want those on the panel whom she also sent “things that were disgusting”.
“No. That’s not true. I have no reason [why she concealed the messages],” Mengo replied.
“I will argue in the end that you did not put those [details in the complaint] because they weren’t in accordance with the image you want to show, that you were not saying those disgusting things,” Sikhakane continued – to which she replied that she was “not going to dispute that”.
ALSO READ: Mbenenge sent collage of sex positions, testifies secretary
‘Omitted sexual messages’
Sikhakhane argued that even if Mengo was unhappy with Mbenenge’s advances, she had not expressed it as such.
He told the tribunal that Mengo deliberately omitted her sexual messages in the conversations with Mbenenge so that she would be seen as “innocent.”
Earlier in the proceedings, Mengo, questioned by her own advocate, Nasreen Rajab-Budlender SC (briefed by the Women’s legal Centre), said she had laid the complaint “so that other women would know they can stand on their own and tell their story to the world” according to GroundUp.
“It was to tell them to be brave.”
‘Powerful person’
Mengo said she had no reason to lie about what happened.
Asked why she had responded to Mbenenge with sexual comments, Mengo said Mbenenge was a “powerful person.”
“We are talking about a powerful person. We are talking about someone who is in charge [of the judiciary] of the entire province. It was difficult to say no to him, although I said no, no, no, on numerous occasions.
“More than anything, I was scared of how he was going to treat me at work. And there was no-one who was going to believe me if I conveyed my story,” Mengo said.
Mengo said she had also responded with sexual messages in order to “satisfy him in order for peace at the workplace”.
READ MORE: Mbenenge sent secretary private part picture and asked for ‘BJ’ [VIDEO]
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