“I have opened a case of crimen injuria against the complainant, that shows my seriousness in disputing what is said to have been done by me,” said Eastern Cape top judge, Selby Mbenenge during his testimony.
He said this on Tuesday as he wrapped up his testimony led by his legal counsel, advocate Muzi Sikhakhane.
Mbenenge, who is accused of sexually harassing a judges’ secretary, Andiswa Mengo, has told the judicial tribunal that Mengo conspired with other people to embellish the allegations.
Conspired with others
According to Mbenenge, Mengo could never have done all this by herself.
When asked by Sikhakhane how he felt after the conversations between him and Mengo were posted, he said he felt embarrassed.
“I was gutted when these texts were public, because it is an offence to disseminate stuff without the other’s consent. I sought a way of having that status picture stop. And I made an endeavour to speak to the complainant,” he said.
He further said he visited the chief justice as a way of mitigating the situation.
“I flew to Joburg to see the chief justice. I spent seven minutes in his office expressing myself. And I told him that the matter is viral and it will reach him, but he said he had not received it. His response was these things happen to people, and I should pray hard.
“If you believe in God, this is the time for you to pray hard,” and I flew back to East London,” he added.
Mbenenge further revealed that Mengo removed his portrait from the wall in the Makhanda High Court.
Complaint is artificial
“So, the complainant couldn’t stand this handsome face. Or let me say the face that was once handsome to her, because she was depressed. We’ve been here for six weeks, all under one roof; the complainant is there, and she is not fainting. Something is very artificial about this complaint,” he stated.
Mengo’s legal counsel, advocate Nasreen Budlender, interjected, citing insensitivity from Mbenenge.
“This is extraordinary coming from the judge president. If we are talking about the number of times when the complainant was emotional. For him to attack the complainant is uncalled for,” said Budlender.
“I am simply saying, why was the portrait removed after months of us having ended the conversation? These were chats from June 2021 that ended around Feb 2022, but 11 months later this surfaces. This complaint is tainted by lies and shouldn’t have come this far,” he responded.
Sikhakhane asked why Mengo would lie, considering that both their careers would be at stake.
“I can only speculate, and I’m not sure if I’m entitled to do that,” he said.
Regrets the chats
Mbenenge said he regrets what happened between him and Mengo.
“And I can apologise to South African citizens for being exposed to such chats. This is embarrassing to me,“ he said.
In cross-examination, evidence leader advocate Salome Scheepers asked if Mbenenge was not married.
“Evidence leader, I urge you to not involve my marital status because it has got nothing to do with the issue at hand here,” he replied.
When Scheepers asked for an adjournment to allow her to start with the gist of the WhatsApp messages, presiding judge Bernard Ngoepe said his plan is clear for the hearing to wrap up.
“I do not want this to be another Senzo Meyiwa trial; we need to finish this hearing. There is money being paid for this. If it means we will sit here until 10pm, so be it. I will allow this today; however, tomorrow it will not happen.”
