Secretary accused of hiding evidence and trying to shame Judge Mbenenge

The Judicial Conduct Tribunal looking into allegations of sexual harassment against Eastern Cape Judge President Selby Mbenenge on Wednesday heard more explosive revelations.

Advocate Muzi Sikhakhane cross-examined Mbenenge’s accuser, judge’s secretary Andiswa Mengo, on Wednesday after the tribunal heard evidence last week that Mbenenge sexually harassed her between 2021 and 2022.

Allegations against Judge Mbenenge

Through a series of suggestive sexual messages via WhatsApp, Mengo testified about inappropriate comments made by Mbenenge and an incident in his chambers where he asked her to perform oral sex.

The tribunal began on 13 January.

The secretary filed the complaint against Mbenenge, stating that his suggestive advances were unwelcome.

ALSO READ: Mbenenge sent collage of sex positions, testifies secretary

During her testimony last week, Mengo conceded that she wanted to create the impression that only Mbenenge made salacious comments and that she did not reciprocate.

However, Sikhakhane spent a lot of time poking holes into Mengo’s testimony and the formal complaint that she laid. He accused her of being a “liar”.

While Mengo detailed how Mbenenge sent her explicit messages, including pictures of his private parts, during her cross-examination on Wednesday, she admitted to omitting sexually explicit messages that she sent to him.

Sikhakhane also argued that experts did not find the alleged images of private parts on the phones belonging to Mbenenge and Mengo.

ALSO READ: Woman found EC Judge President Selby Mbenenge’s requests for pictures ‘annoying’

Mengo accused of being untruthful

The advocate claimed that Mengo wanted to shame the judge president.

“We need truth for both you and the respondent to move on with your lives.

“Ms Mengo, the picture you allege to be my client’s private part has ruined his reputation. You used the same alleged picture to body shame my client.”

He argued that experts will show the tribunal that the images were sent to Mengo by someone other than Mbenenge.

“The other discrepancy is that its not found in your photo gallery by the experts. In fact, they will tell you that it is not found on your phone and it is not found on the respondent’s phone.”

Mengo replied with a simple “Ok”.

Interactions could be perceived as consensual

Sikhakhane focused on Mengo’s role in the exchange of WhatsApp messages, to which she conceded the interactions could be perceived as consensual.

He also questioned Mengo on the allegation that the judge president abused his power when making the alleged sexual advances.

“While we are there, about things you omitted to say, you and your lawyers. In fact, you were at pains to explain what you call power relations. I am making this introduction, Ms Mengo, so it’s not suggested that I am unfairly discussing the theory of power with you. It is the theory that you and your lawyers have repeatedly brought up to show that there was an abuse of power.”

On Tuesday, during cross-examination, Sikhakhane suggested to Mengo that there was nothing wrong with “flirtation” and that she had also sent sexually suggestive messages.

ALSO READ: Mbenenge allegedly propositioned secretary for sex, sent explicit picture [VIDEO]

Sikhakhane said that Mengo had not been truthful when giving evidence.

Messages left out of complaint

“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 [messages]. 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?” asked Sikhakhane.

“No. That’s not true. I have no reason [to conceal 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,” Sikhakane continued. She replied that she was “not going to dispute that”.

Mengo said she had no reason to lie.

Mengo on why she responded to Mbenenge’s messages

Asked why she had responded to Mbenenge with sexual comments, Mengo said Mbenenge was 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 responded with her own sexual messages to “satisfy him in order for peace at the workplace”.

ALSO READ: Mengo says she reciprocated Mbenenge’s sexual messages ‘to satisfy him for peace at work’