Eastern Cape Judge President Selby Mbenenge admits to having asked for a juicy picture from judges’ secretary, Andiswa Mengo.
Mbenenge, who is facing allegations of sexual harassment, revealed these facts during his cross-examination by evidence leader, advocate Salome Scheepers’, at the Sandton judicial tribunal.
‘Send a juicy picture before you sleep’
“Please send a juicy picture before you sleep,” said Scheepers, reading a message that Mbenenge wrote to Mengo.
She further asked why Mbenenge asked for this kind of a picture.
“She had already indicated to you that she was booked off for stress, but you requested her for a juicy picture. Why?”
“Why not? A juicy picture could be anything, ma’am,” Mbenenge responded.
He went on to address the tribunal on a statement that was made by Mengo.
“In her testimony she said on 26 May 2022, I sent her my leg while I was in my Mthatha chambers. But I have an attendance register proving that I was in Johannesburg attending an NEEC meeting on this day. I was not in Mthatha, chairperson this is information under oath,” he added.
He further said Mengo told the tribunal that on May 31 2022 Mbenenge made a remark about her walk.
Denies remark about walk
“But if you look on page 20 of the consolidated bundle, on that day I presided over a matter in Gqeberha. That matter was heard for two days, on the 31 May and the following day. So what is said under oath is not correct,” he said discrediting Mengo’s testimony.
Scheepers continued with her cross-examination.
“You said you wanted to give her something nice and used a banana. What did you say was your understanding of a peeled banana?” Scheepers asked.
“Correct. I wanted to give her something nice because banana is a nice thing,” he replied.
Mbenenge told the tribunal that he only heard during the hearing that the peeled banana had sexual connotations.
“Yesterday you told us that you said you would have sent her anything, even a chocolate, in a highly sexual conversation. Why did you choose to use the banana?” Scheepers further probed.
“She had said she didn’t want us to be intimate, so we both knew the principle, and we had to control ourselves. A banana is a romantic delicacy that one can share with the next person,” said Mbenenge.
Scheepers said Mbenenge wanted to be intimate with Mengo. That’s what the banana message is trying to convey.
Banana romantic, not sexual
“Incorrect. Because we had agreed that we were not going to go on that route. Growing up I was exposed to people who love each other sharing bananas. And it would be a juicy thing to look at.”
He said he sent Mengo a video but cannot remember what it was about.
Mengo responded with “it is nice” but later complained that Mbenenge deleted it before she finished watching it.
“That was highly sexual,” said Mbenenge.
The tribunal heard that when Mengo was not feeling well, she told Mbenenge. And he said: “I must come and give you a boost”, with the use of a syringe emoji.
“It has a medical connotation; I could have used tablets or whatever. This is someone I was flirting with, remember. So I would have wanted for her to be better.
“It is incongruous to say that when a person you have an interest in says they’re not well, your first thought would be for you to go and have sex with them,” Mbenenge added.
Syringe is medical, not sexual
He further said Mengo turned an innocent conversation about a syringe into a sexual one.
“That is why I asked her if she was going to handle a rough ride,” Mbenenge explained.
Mengo responded by saying she will pass the rough ride once she is strong to stand on her two feet.
“That is highly sexual,” Scheepers stated.
“Correct, that and the response thereto,” Mbenenge said.
