Selby Mbenenge, the judge president of the Eastern Cape, has denied claims that he asked Makhanda High Court judge’s secretary Andiswa Mengo to give him oral sex.
Mbenenge made this statement when his sexual harassment judicial tribunal, which could result in his impeachment if found guilty, resumed in Johannesburg on Monday.
“The statement that my secretary had left is not true. The unzipping of pants is a lie; it never happened, and it is a malicious act; it is defamatory,” said Mbenenge
When asked by his legal counsel, advocate Muzi Sikhakhane SC, what he sees women as, Mbenenge said he values them.
Playful way of interacting
“I value women; I was born of a woman, and I was raised by a woman. I have appointed women in my division, and I have encouraged secretaries to study law.
“At one time I encouraged a secretary to study law, and I am proud to say that she is now an admitted attorney,” he replied.
Additionally, he said he sees women as individuals who can participate in whatever form of a relationship. “I see them as important as anyone else.”
However, Sikhakhane questioned the exclusion of a person like Mbenenge (a judge and president) from pursuing a relationship with someone of a lesser status.
“That is a notion that is hard to fathom. A notion that a judge cannot have affections. I know of judges who married their secretaries, and heaven didn’t fall; I don’t see anything wrong with that,” he responded.
According to Mbenenge, his flirtatious conversation with Mengo was a playful way of interacting with someone he was interested in.
He said he is a member of the judiciary, not an employer or a supervisor.
No factual basis for allegations
Mbenenge further asserted that there is no factual basis for Mengo’s allegations of his meddling in the hiring processes of secretaries.
“Because as a judge, you are only featured when the secretary to be appointed will be working with you. There are people who supervise secretaries,” he said.
Mbenenge shared the turmoil he has faced.
“I have consciously decided to keep my family out of this and say nothing about them. I saw myself being treated like somebody who is guilty until proven innocent; that has been the story of my life. There was this campaign championed by the media for me to step down.
“I remember I was invited by Fort Hare University, and a journalist nudged a senior colleague of mine and asked why I was invited because I had committed a serious offence.
“A colleague of mine called me and told me that there was going to be a criminal case against me, and as we were talking, that particular judge was recording me, and that recording was circulating.
“In the midst of media attacks and being labelled as a sex pest, I have found myself. No one under the sun is perfect; my imperfections became the subject of thought on a daily basis.”
Allegations are lies
Addressing allegations that he called Mengo to his chambers and asked her to give him oral sex, he said these allegations are a campaign to shame him and are lies.
“It is lies; it never happened. The complainant knows as much as I do,” he said passionately.
He read the complainant’s statement where she said she did not take offence at the comment about her attire.
“But today the evidence has the audacity to say I ridiculed the complainant. The next day she claimed I called her in my office and asked her to suck my erect penis. Chairperson, I did not do it,” he said, vehemently dismissing the claim.
He revealed that he had no interaction with Mengo on November 15, 2022.
In support of what his secretary, Nkqayi, told the tribunal last week, Mbenenge has provided a tracker report demonstrating that he was at the bank on November 14, 2022.
“I was not looking forward to this day where I have to testify about something that never happened.”
The hearing continues.
