The defence counsel for Eastern Cape judge president Selby Mbenenge on Tuesday poked holes in the testimony that was given by the complainant, Andiswa Mengo.
Mengo, a judges secretary in Makhanda High Court, is alleging that Mbenenge sexually harassed her in 2021.
Mbenenge’s lawyer, advocate Muzi Sikhakhane SC, asked Mengo on Tuesday why her messages from the WhatsApp conversations with Mbenenge were omitted.
This took place during cross-examination before the Judicial Conduct Tribunal hearing in Johannesburg.
Sikhakhane, who led the cross-examination, questioned whether Mengo had concealed the fact that she also participated by omitting her messages in response to the sexual conversation.
He questioned Mengo about why she chose to bring the issue to the attention of the tribunal.
Maintaining harmony at work
“I am doing this for my other colleagues who couldn’t speak up for themselves,” Mengo answered.
Mengo added that she responded in a sexual way in order to appease Mbenenge and maintain harmony at work.
“Remember, this is a powerful person; he is the big boss in the whole province. I was scared of what he might do to me at work,” she said.
Sikhakhane asserted, however, that Mengo’s testimony to the tribunal was not consistent with his client’s account.
“My client says that you reciprocated the sexual messages and that you omitted this information from your evidence to paint my client in a bad light. Do you agree?” asked Sikhakhane.
“Yes,” Mengo responded.
“You showed only the parts of the messages that my client was being sexual to conceal the sexual things that you said to him; why did you do that?” Sikhakhane asked.
To which Mengo answered: “I have no reason.”
Mengo objectified women
Sikhakhane also informed the tribunal that he had a statement where Mengo states that she would rather have Mbenenge’s penis inserted halfway in.
“In your evidence, you did not show us that you responded that you do not have a specific sex position that you like but you want to be surprised,” said Sikhakhane.
Mengo said: “Oh! I remember.”
According to Sikhakhane, Mengo is the one who objectified women as stoves to be warmed and meat to be marinated.
“The panel’s job is to determine whether these messages were unwanted and that they created an intimidating environment for you.
“You said many colleagues find it difficult to talk about it [sexual harassment]. One lie from your testimony will jeopardise the plight of women; do you agree?”
“Yes,” Mengo replied.
The cross-examination continues.
