The legal team for Eastern Cape Judge President Selby Mbenenge scrutinised the behaviour of Makhanda High Court judges secretary, Andiswa Mengo, in a sexual harassment case that is before the judicial tribunal.
Advocate Muzi Sikhakhane, representing Mbenenge, focused on WhatsApp messages between his client and Mengo. He was questioning her character and intentions as interpreted by gender violence expert Dr Lisa Vetten.
Focus on message
In a cross-examination, Sikhakhane highlighted a message where Mengo responded to Mbenenge’s request for a photo with, “he must earn it”.
“What did you understand about her saying he must earn it?” he asked.
Vetten admitted she was unsure, as Mengo did not clarify her meaning.
“You are sympathetic again. I did tell you about this. I expect you to give an objective interpretation without being sympathetic,” said Sikhakhane.
“She was deferring by saying he must earn it, meaning he must do whatever he needs to do to earn it. She didn’t specify,” Vetten responded.
Sikhakhane continued, reading a message where Mengo implied Mbenenge would give her money for a photo.
Accuser was transacting
“She was being crude because she was asking for money. She said if the respondent wanted a photo, he would give her money. So, here she was transacting,” Vetten explained.
Sikhakhane pointed out that Vetten omitted Mengo’s compliment, calling Mbenenge “cute”.
But Vetten denied the omission.
“I did not omit it. I said it was an ongoing conversation. There are two occasions where she comments on his appearance.”
Sikhakhane questioned the timing of Mengo’s compliments, highlighting that they were sent at night.
“She again said you’re cute to the JP at night. I’m not saying this to nullify your views about the inappropriateness of this. However, I would like to know if you are prepared to call it inappropriate when it’s her sending these messages to the respondent at night?
“Keeping in mind that this is a girl who claimed to see a father figure in the respondent,” he asked.
Inappropriate and ambiguous
Vetten agreed that her compliments were inappropriate and ambiguous.
The cross-examination intensified as Sikhakhane referenced a discussion about sex positions. This is where Mengo said: “I will go with whichever position. Surprise me.”
“Would I be wrong if I say wanting to be surprised is a preferred choice?” he asked.
“She is not exactly saying what she likes,” Vetten replied.
Presiding Judge Bernard Ngoepe interjected.
“Miss Vetten, isn’t this ‘I will go with whichever position’ a pertinent statement?”
Vetten agreed.
Sikhakhane pressed further. He read Mengo’s messages like: “You’re disturbing me, and I am getting heated up. Let me finish this first.” And “Keep on drooling.”
“This is someone who is inviting a person, a person who says I want you to come to me desiring. But according to you, this is a passive person and something is being done to them.”
Vetten clarified, saying she didn’t say she’s a passive person.
“There are times where she engages with him. She does participate in the sexting but she gives ambiguous answers.”
Defence accuses expert of bias
Sikhakhane accused Vetten of bias.
“Stop giving sympathetic interpretations and explanations when it comes to the complainant. But the same doesn’t happen to the respondent. This is not ambiguous. This is not a child talking to a father.”
As he wrapped up his cross-examination, Sikhakhane highlighted Mengo’s initial complaint. He noted her confrontation with a senior court official.
“That is not consistent with someone who is a little child and fears authority. This indicates a person who is not timid. She doesn’t submit, and actually is assertive. Not the person you were describing, saying she was scared because the JP is a boss,” he argued.
Stereotypes
When asked if she ever worked on any cases where complainants lied, Vetten said yes.
“The stereotype is that contemporaneously all women lie, but we cannot generalise because each case differs. The point is, why would you want to focus on that one who made a false claim and forget the rest of the others who are really going through these things?” she responded.
The tribunal continues, with the defence expected to bring in its own witnesses, including testimony by Mbenenge.
