The sexual misconduct allegations against Eastern Cape Judge President Selby Mbenenge concluded earlier than anticipated on Thursday in Sandton, Johannesburg.
Marked by heated exchanges and unresolved questions about alleged explicit messages, the proceedings focused on accusations by judges’ secretary, Andiswa Mengo, reached a fiery climax as Mbenenge clashed with evidence leader Advocate Salome Scheepers.
According to Scheeprs, Mbenenge sent inappropriate messages and images to Mengo, and the conversations allegedly turned “unbearable” for Mengo.
Screenshots of messages
She testified before the tribunal in January that she shared screenshots of their WhatsApp exchanges publicly. She captioned them, “this is someone’s husband, a father to older children,” as a desperate cry for help.
Scheepers pressed Mbenenge on the authenticity of these messages.
“We went through a lot of WhatsApps between you and the complainant [Mengo]. And you would agree with me that the only reason we have those chats is because the complainant saved [them] on her phone and Mr Moller could find them in her phone. It was not found in your phone, is that correct?”
Mbenenge responded cautiously.
“Yes, I remember the evidence of Mr Moller. I hear what you’re saying,” he said.
A key point of contention was an alleged explicit image, referred to as “K8” which Mbenenge denied sending.
“You dispute that you ever sent K8,” Scheepers probed. Mbenenge firmly replied, “correct.”
Time and dates of messages
He challenged Scheepers to provide a specific time and date for the image.
“Please point me to the time and the date when this annexure was sent. I’ve got all the documents here, I will leave it to you, to point me that picture.”
Scheepers countered that Mengo claimed to have received multiple images of this nature. But the deletion of messages made precise dating difficult.
“Due to the fact that so many messages have been deleted, it is possible that she could have made a mistake on when she received it, is that true?” she asked.
Mbenenge insisted on a specific time and date, prompting an intervention from presiding Judge Bernard Ngoepe.
“Advocate Scheepers, are you unable to give him the time and the date?,” asked Ngoepe.
“The complainant is also unable, she cannot say,” Scheepers admitted.
“So, how is he going to defend himself?,” Ngoepe pressed further.
“Chair, we have to look at her evidence and all the evidence before the tribunal. The fact is she testified she received it, the fact that she cannot pinpoint exactly when it was received is not the end of it all.
Focus on K8 image
“We need to look at the probabilities, she has received more than one picture of this nature. She has testified like that. Now to ask when K8 was received is unfair because the messages have been deleted,” she argued.
Mbenenge’s counsel, Advocate Muzi Sikhakhane, fiercely objected, arguing the case was being unfairly reconstructed.
“Chair, I’m going to object. We cannot keep reconstructing a case, we cannot. The only fair thing is to tell my client when, you cannot reconstruct a case now. And I am talking to the evidence leader, I just think it’s unfair. This kind of litigation is unfair,” Sikhakhane declared.
Mbenenge maintained that the allegations, particularly an incident on November 15, 2022, where Mbenenge allegedly exposed himself in his chambers, were a “malicious fabrication”.
Exposed himself to complainant
On the day, Mengo claimed Mbenenge summoned her to his chambers and exposed his erect penis and said, “do you see the effect you have on me?”
Scheepers highlighted inconsistencies in Mbenenge’s account, noting that full CCTV footage from the day in question was never provided. Additionally, Mbenenge’s secretary, Zintle Nkqayi, testified that she was not always at her desk. This cast doubt on the judge’s claim that the incident could not have occurred unnoticed.
Proceedings now move to deliberation. Both legal representatives for the Mengo and Mbenenge will go for arguments.
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