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By Faizel Patel

Senior Journalist


Judge Mbenenge accused of asking secretary for naked picture of ‘top part’ [VIDEO]

The judge president denies he harassed Andiswa Mengo and has said their interactions were consensual.


In a sexual harassment case involving Judge President Selby Mbenenge, the tribunal heard how the Eastern Cape High Court leader allegedly asked his colleague for a nude picture of her “top part”.

The revelations on Tuesday formed part of the second day of testimony held before the Judicial Conduct Tribunal into the alleged sexual harassment complaint against Mbenenge.

Andiswa Mengo, who works as a judges’ secretary in the Eastern Cape High Court, filed the complaint against Mbenenge, stating that his suggestive advances were unwelcome.

The judge president denies he harassed Mengo and has said their interactions were consensual.

Watch Andiswa Mengo testifying before the tribunal

Naked pictures

During Tuesday’s proceedings, Mengo testified about the alleged series of WhatsApp messages when Mbenenge allegedly started asking her for pictures of herself and to reveal the top half of her body.

Mengo told the tribunal that during the WhatsApp chat, which lasted more than four hours from just before 7pm until 11.30pm on 8 June 2021, Mbenenge allegedly asked her for the picture saying: “Take off the top part or the upper part”.

“My understanding of that [take off the top] was that he wants me to undress and be naked from the upper body.”

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

‘Trickster’

Mengo said she told the judge president that there were no pictures and that her pictures had been deleted from her phone, but he kept asking, and she kept responding in different ways: including using laughing emojis, stating that she would try later.

“As the one who had requested my picture, I did not send it to him directly. But he saw the picture in my status. He even went as far as making a comment about it.”

When he allegedly said, “Unamaqhinga” — translated to “you are a trickster” — she allegedly replied: “Earn it”.

“As someone who initially wanted to know better about me, I responded on the previous chats that we had, I said he is the one who wanted to look at it [picture]. I was responding [to] that.

“I would not just simply give him my picture, because firstly, he did not mention as to for what was going to be the use of my picture. Another point, you cannot request a picture from someone whom you do not have a relationship with,” Mengo said.

‘Earn it’

However, tribunal’s chair, Bernard Ngoepe said “quite frankly” he did not understand the answer Mengo had given.

Evidence leader, advocate Salome Scheepers, asked her to explain further, because “earn it” implied that “I must do something, and then I will be able to receive.”

“Let me then clarify it. As a girl, if there is someone who shows interest, you propose. I wanted him to come out crystal clear as to the reason why he requested my picture.”

Asked by Scheepers whether she would’ve sent it to the judge president, Mengo said: “I would not have sent it”.

‘Boss’

Mengo was then asked to sum up why she had responded as she had done to his messages on this day,

“I could not lash at him firstly, because I was respecting the fact that he was my boss. Secondly, because he was a powerful person, I was afraid of losing my job. I am a single mother. I do not know … what he would have thought if I had spoken to him in a rude manner.”

Mengo said had Mbenenge been on the same level as her, she would have responded differently.

“I would have told that particular person that, firstly, I am not interested in what you are saying. Look to the other side, there are many people out there.”

Mengo’s evidence continues on Wednesday, with cross-examination of the testimony expected to take place once she concludes.

Mbenenge’s version is yet to be heard by the tribunal.

ALSO READ: Eastern Cape top judge faces possible impeachment

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