The sexual harassment probe into Eastern Cape judge president Selby Mbenenge on Thursday heard testimony that Mbenenge had, for a second time, sent messages, later deleted, one of which was a male “private part” — even after judges secretary Andiswa Mengo told him she did not want to be “intimate” with him.
Thursday was the fourth day of the judicial conduct tribunal investigating Mengo’s complaint against the judge president — the first time a judge has faced possible impeachment for sexual harassment. Mbenenge denies that their interactions were non-consensual and his version has yet to be heard by the tribunal. He has specifically denied sending her the images.
Thursday’s evidence was punctuated by frequent short adjournments when Mengo broke down, asking for a moment to collect herself. Mengo said that when she responded to one of the deleted messages with the word “Jeso” — Jesus — he had replied, “Why put it this way, it looks delicious.”
Mengo had on Wednesday testified that she had asked to meet him face to face, in East London, because she wanted to tell him that she did not like their earlier interactions. When she suggested that they meet, he had messaged her: “You reckon we can be intimate this week.” She responded with a reference to Psalm 1, Verse 1 of isiXhosa bible, saying the first word, especially, put it well. The first word in the isiXhosa version is “HAYI”.
Mengo said she answered him in this way because “uTata is a leader in the church, he understands very well the bible”. She said she saw this particular verse as “suitable” because it started with the word no, “and the no being written in capital letters”. It was her way of assuring him that what he was asking of her was “not going to happen”. He then asked her, twice, said evidence leader Salome Scheepers, what the bible reference said, and she once responded “HAYI” and then googled it and copied and pasted the verse from google into her WhatsApp.
“Did the conversation stop after you said no?” asked Scheepers.
“It did not stop,” said Mengo.
Mbenenge had earlier sent a message that they could meet “without going the intimate route”. But then later Mbenenge asked: “What if we melt, which is not impossible.” She responded: “It is impossible” and that, for his part, he would control himself. In response to a question “any privacy”, which she understood as him asking her whether they should meet somewhere private, Mengo said: “No”. When he suggested the office, she said “better”.
When Mengo then said, “Lemme iron my uniform,” the message she intended to convey was to close the conversation, she said. But he sent her another message, which he later deleted, she said. She responded with a sticker and a message saying “bye” because it was the end of the conversation for her, she said.
Scheepers said: “According to you. But according to him, did it end?” Mengo said: “I was closing it. But he continued.” Two further messages followed at 11pm, and both were deleted. Asked what the messages contained, Mengo broke down and the tribunal had to pause. But she later answered: “One of them was a private part.”
It was to these messages that Mengo responded “Jeso”. Three further deleted messages followed and then a reply from Mbenenge with an emoji of eyes looking, replying to an earlier message of his that said “yours please”. Then came his reply to her “Jeso” that it looks delicious. Further messages followed from him, including one saying, if it must just be a friendly chat, “I’ll oblige”. She responded: “Am ironing.” He responded: “You said so, let me see,” with further messages ending in “please reciprocate” to which she ultimately responded: “Sleep well and dream.”
The following day the message trail showed that she did not turn up for their meeting. Instead he sent her messages asking her location and she replied she was in Bhisho, but would get in touch when she arrived in East London. She said she told him this because “I did not want him to continue sending these messages or to insist on meeting up with me”.
The evidence continues on Friday. Mbenenge is yet to put his version before the tribunal and his counsel is yet to cross-examine Mengo.
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