The defence counsel representing the Eastern Cape judge president Selby Mbenenge, led by advocate Muzi Sikhakhane, continues to grill the witness in the case.
On Wednesday, Sikhakhane delved into the legitimacy of the pictures that were allegedly sent by Mbenenge to Andiswa Mengo.
In her testimony, Mengo, who is the judge’s secretary at the Makhanda High Court in the Eastern Cape, continued to detail that Mbenenge sent her pictures of his private part.
Accused denies sending sexual images
Sikhakhane stated that his client denies sending sexual images to Mengo.
He further questioned how the complainant knew that the pictures of private parts sent to her were Mbenenge’s.
“You first said he sent you pictures of private parts. And then later you said he sent you pictures of his private part, and you were descriptive. Do you know his private part?” asked Sikhakhane.
Mengo said she does not know it and has never seen it.
“But why would he send me a private part that belongs to someone else? Where would he have gotten it?” she added.
Accuser left out some conversations in her statement
According to Sikhakhane, the two continued to converse on WhatsApp. However, other conversations took place between June 29 and July 18, 2021. Mengo did not show those in her statement.
“Then you posted a status on your WhatsApp saying you are loved in other houses. When the respondent commented with an emoji you said he must relax because it was not a man,” said Sikhakhane.
Mengo confirmed.
“You gave an explanation to a person who sent you disgusting messages. And you were not comfortable with them. You went as far as saying, it was not a man. Did he deserve the explanation, considering the history of your conversation?” said Sikhakhane.
“No, he did not deserve it,” she replied.
Reading the conversation, the advocate said Mengo asked if Mbenenge was jealous.
“The use of the word ‘jealousy’ here is used between two people who are either in love or flirting. Do you agree?”
Jealousy explained in detail
Mengo disagreed. “No, our IsiXhosa is not the same, so, no, I do not agree with you.”
Presiding chairperson of the hearing, retired judge Bernard Ngoepe, interjected.
“I want to add to what Mr Sikhakhane is saying about jealousy. Let me give you these two explanations, when a man feels insecure, he always wants to keep tabs on his wife. And he wants to know her whereabouts and who she is with. He… asks if some men speak to her, that is jealousy. And it is not the same as being jealous of a car that a colleague drives. Does that give you a better understanding?”
“I understand the question better now. I will choose the first explanation chair, about a man and woman,” Mengo responded.
The hearing was adjourned late on Wednesday afternoon. Cross examination will continue on Thursday morning.
