The Makhanda High Court secretary, Andiswa Mengo, has shared information about the WhatsApp exchanges she had with Judge Selby Mbenenge of the Eastern Cape High Court.
Mbenenge faces a misconduct probe by the Judicial Conduct Tribunal.
His public hearing comes after the tribunal’s chairperson, retired judge president Bernard Ngoepe, decided that full public access to the hearing would guarantee complete openness.
Alleged incident started in 2021
Mengo was allegedly sexually harassed by Mbenenge in 2021.
He is accused of making remarks about her appearance, age and how she has a voice as thin as a baby’s.
Mengo was called in to testify on Monday. She told the tribunal that she spoke with Mbenenge, who enquired about the whereabouts of her child’s father. She told the tribunal sitting at Rosebank, in Johannesburg.
Mengo informed the tribunal that she had replied that the father was there. She added that they were no longer together, and the accused left.
Asked uncomfortable personal questions
“He sent me a WhatsApp message at about 6pm. And that was the first time he ever sent me a message that day, to apologise for asking me about the father of my child. But he also made comments on my voice and asked how many children I was blessed with.
“I became slightly annoyed, but I had to respect him because he is my boss,” said Mengo.
She stated that she responded that she looked younger than her agemates because she conducted herself in a good manner.
“I told him I maintain myself well and exercising keeps me younger. And I wanted him to understand the way I do things. That satisfies the thought he had that I look younger.”
The tribunal further heard that Mbenenge asked Mengo how she was going to prove that exercising keeps her younger.
Requested pictures
Mbenenge allegedly asked Mengo to send him pictures of herself as proof that she conducts herself in a good way.
“If I were in the position of facing him, I would have rolled my eyes. I said he was the one who wanted to look at it, my part would be giving you a task. And I meant since he is the one who wants to make time for understanding something, he should go on and do that.”
Given the power dynamics between the parties and the judge’s social standing, the tribunal is currently debating whether the judge president’s acts qualify as sexual harassment.
