Andiswa Mengo, the secretary of judges for the Makhanda High Court, erased a text message she had sent to her boss, Eastern Cape Judge President Selby Mbenenge, asking about money.
This came to light on Thursday when Mbenenge’s lead defence lawyer, advocate Muzi Sikhakhane, proceeded to show the Judicial Conduct Tribunal, which is sitting in Johannesburg, the messages that Mengo had left out of her statement.
Sikhakhane brought up these disparities during his cross-examination of Mengo in an effort to undermine her testimony and demonstrate that she had deceived the tribunal.
Several parts of Mengo’s responses to sexual conversations with Mbenenge were left out, according to Sikhakhane.
Sikhakhane informed the tribunal that Mbenenge asked Mengo to send him a photo of her upper body after she shared a status on WhatsApp of her back with a tattoo.
WhatsApp chats about money
“After you responded, you do not have them; you omitted the part where you said you wonder if you want money he will give you; do you agree?” asked Sikhakhane.
“Yes,” Mengo responded.
Sikhakhane highlighted a passage in the messages between Mbenenge and Mengo that stated that Mbenenge should not be concerned because Mengo deletes messages.
“I delete all messages because my device has a storage problem; do not worry. I don’t want these to be seen,” read Sikhakhane.
“Yes,” Mengo replied.
Despite Mengo’s unease with the messages from the judge president, the defence informed the tribunal that she showered him with praise.
“You commented on his pictures and said, ‘you are cute.’ The other three times you said he is cute throughout your conversation and that he makes you shy. When you said he is cute, were you referring to him [Mbenenge]?” Sikhakhane asked.
Mengo, however, claimed she could not recall if she was talking about him.
“I cannot remember if it was his picture that I had commented on, but I will choose to say yes, I was referring to him,” she responded.
Different dates for single event
Mengo also left out a message in which she told the judge president that he inspires her, Sikhakhane added.
“My client says the two of you continued to converse about warmth, which was a conversation about intimacy. This conversation has also been omitted from your statement,” he continued.
“It is well,” said Mengo
Sikhakhane also informed the tribunal that Mengo’s testimony and her main piece of evidence reveal different dates for a single incident.
“In your evidence in chief, you said the judge president called you to his office and asked you if you wanted to suck his manhood of November 14, 2022, but in your statement, you said this happened on November 15, 2022. Which one is incorrect?” Sikhakhane asked.
“It is only the date that is incorrect. My evidence is correct,” she replied.
