The attorney for Eastern Cape Judge President Selby Mbengene, who is accused of sending sexual messages to Makhanda High Court judges’ assistant, Andiswa Mengo, has questioned the traditional interpretations of emojis.
This happened on Tuesday before the Johannesburg-based Judicial Conduct Tribunal, which is hearing the matter.
Advocate Griffiths Madonsela cross-examined Dr Zakeera Docrat, a forensic and legal linguist, after she testified before the panel.
Madonsela asked about the plight of the general public using emojis, and if they were using them wrong.
Peeled banana, peach and eggplant
His question was based on Docrat’s interpretation of a peeled banana, peaches and an eggplant. She had said that those had a sexual connotation.
“Some of the emojis are standardised. But some have other meanings. Like the use of an eggplant or the peach emoji in the text between the two parties in the matter,” she said.
According to Docrat, those emojis are known to be a fruit and a vegetable. But if the conversation isn’t about fruits or vegetables, the meaning changes.
“For one to know if they’re using an emoji correctly, they can Google the emojis. They’ll see that the eggplant and peaches have sexual connotations,” she added.
Madonsela asked if, in Docrat’s interpretation that she delved into, it’s possible that people can send each other emojis with a common understanding, and it turns out the common understanding is not correct.
“In that case the context has to be taken into account,” she responded.
Focus on context
It seems to me, Madonsela continued, that it’s important to ascribe a meaning to an emoji to understand what the person means.
“That is correct, that is why you need to look at the context and nature of the conversation. Context is everything when analysing an emoji,” she added.
Madonsela further asked if Docrat familiarised herself with Mengo’s ascribed meanings for the emojis that she interpreted.
“Based on the documents I was given, yes. I have not interacted with the complainant [Mengo], I do not know her personally. All I know is she is Xhosa,” she replied.
The tribunal also heard that there will be other witnesses who are expected to testify in the matter. However, they will be testifying from the Eastern Cape.
Security of witnesses questioned
Retired Judge Bernard Ngoepe, who is presiding over the hearing, questioned the security of the evidence. He also questioned how the witnesses will be able to testify virtually.
But, according to the evidence leader in the matter, advocate Salome Scheepers, the location where the witnesses will testify is safe. And there will be security to ensure that there is not a foul act during the testimony.
Docrat is expected to wrap up her testimony on Wednesday.
