The sexual harassment judicial tribunal against Eastern Cape Judge President Selby Mbenenge, laid out by Makhanda judges secretary Andiswa Mengo, zoomed into the details of their flirtatious exchanges.
Mbenenge reiterated during his Tuesday testimony that his discussion with Mengo was desired.
He started by admitting to sending a picture of himself, to which Mengo replied, “cute”, and that the judge president makes her shy.
Quoting an isiXhosa proverb, ubuhle bendoda ziinkomo (the handsomeness of a man relies on his wealth), Mbenenge claimed that Mengo’s compliment suggested she fancied him.
“This is how I understood these comments, and it is how I still understand them,” Mbenenge stated.
Picture of a penis disputed
However, he vehemently denied sending a picture of his manhood to Mengo.
“The complainant said in her testimony, I sent a picture of my penis with pubic hair as white as the hair on my head; that is one thing that has been very topical.
“We are going to sit here until cows come home, but we are not going to see the picture of a private part where I was allegedly standing above a toilet cubicle.
“I am so sad that I find myself having to be graphic, but I have to do this to defend myself,” Mbenenge said passionately.
He told the tribunal that he sent WhatsApp messages to Mengo but deleted them later, and to his surprise, she asked him why he deleted the texts.
“I cannot remember what the messages were, but my response was that I did not want to distract her,” he said.
Father’s Day message
The following day, he shared that Mengo sent him a Father’s Day message. “Happy Father’s Day, Jola,” he said, quoting Mengo’s message.
“Jola is my clan name, so this message appeared to be an endearment, and it brought a bit of warmth to me. The complainant had not addressed me as Jola until that morning.
The exchanges escalated when Mbenenge suggested intimacy over a weekend, which Mengo declined. “You reckon we can be intimate this weekend?” he said, reading a text he sent to Mengo.
However, Mengo suggested that they meet without any expectations of intimacy.
“I told her that when we meet, I’m going to share something nice with her, followed by an emoji of a banana,” he added.
Use of a banana a harmless gesture
According to Mbenenge, the use of a banana was a harmless gesture; it had no sexual connotations.
“I could have used anything nice that a person who is attracted to a woman would share; I could have used a chocolate.”
He denied allegations that his reference to a banana implied anything sexual, despite expert testimony suggesting the emoji could represent a circumcised penis.
“If you see a couple sharing a banana, one opens it, and another takes a bite,” Mbenenge explained, framing it as a light-hearted act.
Advocate Muzi Sikhakhane questioned Mbenenge about the sudden shift from flirtatious banter to discussions of sharing “something nice”.
“Why has this discussion that has been flirtatious suddenly become sincere and about the fruit? Were you talking about something nice in the context of flirting?” asked Sikhakhane.
Mbenenge maintained that the conversation remained playful, denying any inappropriate intent.
The hearing continues.
