The judicial tribunal sitting in Johannesburg continues to look into allegations of sexual harassment against Eastern Cape Judge President Selby Mbenenge, brought forward by judges’ secretary Andiswa Mengo.
On Wednesday, the defence team representing Mbenenge focused on the incident that was alleged to have occurred on November 14, 2021, in Mthatha, with testimony from Mbenenge’s secretary, Zintle Nkqayi.
Leading the testimony, advocate Griffiths Madonsela said Mengo testified that on the morning of November 14, 2021, Mbenenge called her into his chambers, where he allegedly exposed an erect penis through his pants and said: “Do you see the effect you have on me? Do you want to suck it?”
Interaction in judge’s chambers
Madonsela asked for details about the events of that morning.
“It was in the morning, around tea time. One of the judges’ secretaries arrived in my office. The JP [Mbenenge] was in his office, but he came out, and he stood by the door that interlinks our offices. Mengo was passing by while JP was having a conversation with Miss Gugushe.
“Mengo greeted, and the JP called her. She went into my office, and he then uttered a statement, exclaimed, and said: ‘What is it, big girl? Why are you wearing a curtain today’?”
“He went on to say: ‘Do you see how other children are dressed? They are dressed well.’ He was referring to me and Gugushe.
“Mengo responded and said, ‘I am not in court today; we are doing appeals.’ We then proceeded to laugh, and she walked off,” Nkqayi explained.
However, according to Madonsela, Mengo stated that she was passing by, and the JP heard her footsteps and called her back into his chambers.
“In the chambers, the JP showed her his pants, and there was an erect penis, and he said: ‘Do you see the effect you have on me? Come and suck me.’ At this point, the complainant says this is when she left,” said Madonsela.
Nkqayi provided further context about the day, noting that Mbenenge returned from lunch after 3pm and later attended a lecture.
Got depressed after Mbenenge left
When asked about her whereabouts between 3.30pm and 4.30pm, Nkqayi said she was in her office.
“However, there was a time when I rushed to have a look at the set-up and to see if everything was in order. I came back to tell him that everything was in order. We then proceeded,” said Nkqayi.
Madonsela also questioned Nkqayi about her leaving Mthatha. He asked if she had to pick up clothes from a bed-and-breakfast that was booked for them.
“No, my clothes were already in the car when I left because I knew I was not going to sleep in Mthatha again. There was no need for me to leave my clothes at the B&B.”
When asked about the circumstances of her leaving her job, Nkqayi said she was getting depressed after Mbenenge left.
“Even though I did not see this coming, however, I could no longer continue working under the circumstances since the judge president had left.
“The treatment was not good, and as a result, I realised that I am now faced with depression that would result in me ending up at a mental institution. I then decided to rather go home,” she explained.
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