Advocate Sikhakhane continues to probe Andiswa Mengo about WhatsApp conversations she had with Mbenenge

The Judicial Conduct Tribunal in Johannesburg is currently examining allegations of sexual harassment against Eastern Cape Judge President Selby Mbenenge.

These accusations, brought forward by Andiswa Mengo, a High Court secretary, have drawn significant attention, as Mengo accuses Selby Mbenenge of making unwanted sexual advances between 2021 and 2022.

During the tribunal proceedings, Advocate Muzi Sikhakhane, representing Judge Selby Mbenenge, focused on the details of interactions between the judge and Mengo, particularly their conversations on WhatsApp.

Conversations Under the Spotlight

A key exchange between Mbenenge and Mengo from October 2021 has become a focal point of the tribunal’s investigation. In this conversation, the two discussed the Coko matter, a legal case where consent was withdrawn, leading to a rape conviction.

The tribunal reviewed this dialogue, including a statement Mengo made about the case, which was read aloud by interpreter Lungi Ngaphi:

“It teaches that the suspicion is if the complainant had known then that by the time she says yes from the first instance, there will be no boundaries for next. One thing led to another.”

Mbenenge’s response indicated curiosity about what prompted the criminal complaint, to which Mengo replied that jealousy was a factor.

Advocate’s Line of Questioning

Sikhakhane scrutinized Mengo’s statement, questioning whether she believed jealousy was a plausible reason for reporting sexual abuse. Mengo clarified that it was not her view.

Sikhakhane then pointed out that this specific exchange was notably absent from Mengo’s original complaint, suggesting inconsistencies in her narrative.

Timeline of Allegations

Mengo alleges that Judge Mbenenge made inappropriate advances toward her during her time as a High Court secretary. The alleged incidents span a period between 2021 and 2022. Mengo’s accusations have raised questions about workplace behavior and accountability within the judiciary.

The tribunal’s examination of WhatsApp conversations is central to determining the context and nature of the interactions between Mbenenge and Mengo.

Broader Implications

The allegations against Mbenenge have sparked broader discussions about power dynamics and professionalism within South Africa’s judicial system. The case underscores the need for clear boundaries and respectful conduct in professional environments, particularly in institutions tasked with upholding justice and fairness.

The Judicial Conduct Tribunal, chaired by retired judges, aims to establish whether Mbenenge’s actions constituted misconduct. Should the allegations be substantiated, it could lead to disciplinary action or even removal from office.

Defense Strategy

Sikhakhane’s defense strategy appears to hinge on questioning the credibility of Mengo’s claims, including her failure to mention specific details in her initial complaint. This approach seeks to undermine the consistency of Mengo’s account while emphasizing the judge’s denial of any wrongdoing.

Ongoing Proceedings

As the tribunal continues, both parties are expected to present further evidence and testimonies to support their respective cases. The outcome of this inquiry will not only impact Judge Mbenenge’s career but also set a precedent for how such cases are handled within the judiciary.

A Call for Accountability

The allegations have also brought attention to the importance of creating safe and respectful workplace environments. Legal experts and advocacy groups are watching the case closely, hoping it will encourage accountability and address any systemic issues that allow misconduct to go unchecked.

Conclusion

The Judicial Conduct Tribunal’s investigation into Judge Mbenenge’s alleged misconduct represents a critical moment for South Africa’s judiciary. While Mengo seeks justice and acknowledgment of her claims, Selby Mbenenge’s defense aims to prove his innocence.

The proceedings highlight the complexities of addressing workplace harassment, particularly in positions of authority, and the importance of fairness in pursuing truth and justice.

As the tribunal deliberates, it remains to be seen what impact its findings will have on the judiciary and professional conduct standards in South Africa.