Makhanda High Court judge’s secretary Andiswa Mengo assented to the sexual communication with her boss, Judge Selby Mbenenge, his lawyer has asserted.
Advocate Griffiths Madonsela, for Mbenenge, pushed for this during his cross-examination of forensic and legal linguist Dr Zakeera Docrat before the Judicial Conduct Tribunal hearing on Wednesday.
The tribunal is probing Mengo’s complaint that Eastern Cape Judge President Selby Mbenenge harassed her by sending her unwelcome sexual content.
Madonsela insisted that despite her embarrassment and shyness, Mengo had in fact been an active participant in the conversations.
The forensics and legal linguist, who is interpreting emoji communication between Mengo and Mbenenge was under cross examination on Wednesday in Johannesburg.
Madonsela said Mengo had responded to Mbenenge’s message that “I must come and give you a boost” with a syringe emoji, which meant “when fit to stand on my feet”.
“Miss Mengo told this tribunal that the respondent [Mbenenge] said this [after] she had informed him that she was sick, and her understanding was that he wants her to heal. What is your interpretation of this interaction?” he asked Docrat.
“I interpreted this based on the context of the conversation and that the used emoji has more than one meaning. The use of a syringe emoji in this context had sexual connotations,” she responded.
Advocate Madonsela discussed that Mengo sent Mbenenge a message about money.
He said the topic of money was discussed while the two were talking about her sending Mbenenge pictures of herself.
“She suggested this to the respondent [Mbenenge] that he must understand that if she wants money, he will give her with an emoji covering the eyes. Is it not correct to say Mengo was entertaining the topic of exchanging pictures? Because the respondent said he understood the emoji as flirtatious,” said Madonsela.
Covering the eyes, said Docrat, means shyness and embarrassment.
“That is how I understood it. I disagree that the use of the monkey emoji was flirtatious, it was contradicting her asking for money. In this instance, the monkey was used as embarrassment that ‘Oh, I’m asking for money’,” replied Docrat.
When asked about the conversation about getting “warm”, Docrat said that it was sexual. However, Mengo took it as a joke and kept sending laughing emojis.
Madonsela argued the two were instead talking about sex positions, and which they liked.
“She spoke to the respondent [Mbenenge], saying her blood is getting hot. Miss Mengo said ‘stay horny, I like it that way so that when you arrive here, you’ll have interest’,” continued Madonsela.
Advocate Salome Scheepers, who is the evidence leader, interjected, saying Madonsela was wrong.
But Madonsela doubled down, adding that Mengo was an active participant.
“Mengo commented on Mbenenge’s picture ‘cute’ with an emoji of a monkey with closed eyes. And they started talking about half insertion.”
Docrat said that was a sign she assented to the conversation.
The hearing continues.
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