THE judge’s clerk who laid a complaint of sexual harassment against Eastern Cape Judge President Selby Mbenenge told the Judicial Conduct Tribunal about WhatsApp messages sent to her by him in which he told her she has a voice like a child and in which he asked her for pictures of herself.
Andiswa Mengo claimed that the judge president sexually harassed her during 2021 and 2022 - both in person and through WhatsApp messages. While she at first engaged in his conversations, she claimed that as things became more intense, she wanted nothing to do with his advances towards him, but as he was in a position of power, she feared she would lose her job.
Among the allegations are that Judge Mbenenge also sent her explicit pictures at a stage.
Mengo, who has what the tribunal described as a “thin voice,” said her first interaction with the judge president was when he contacted her to arrange a virtual court hearing.
She then saw him again when she, in an emotional state, went to his chambers to tell him about an altercation she had with the court manager at the Makhanda High Court, where they were stationed.
She testified that soon after, she received several WhatsApp messages from Judge Mbenenge early one night. He asked her how old she was and how many children she had. He also calculated the age difference between them, to which she sent him an emoji of a monkey closing its eyes.
She said this was an indication of her embarrassment in reaction to his message. Mengo said he spoke at length in his messages about how young she looked and what a childlike voice she had.
According to Mengo, she was somewhat upset by his questions regarding how many children she had and the reference to her “thin” or childlike voice, but she decided not to show it. Mengo said these messages did not sit well with her because the judge president did not know her and what he had asked her was none of his business.
“But I realised he is my boss and that I just have to keep myself together.”
In response to his messages that she appeared to be very young, Mengo replied that she “conducted herself in a good manner” - meaning that she physically took care of her body by exercising.
Although she at times felt uncomfortable by his WhatsApp exchange with her, she did reply to some of the messages or simply sent emojis back.
But, she said later there was a shift in his messages when he asked her to send him pictures of herself. Mengo said she at first did not respond, but he later sent her more emojis, including of eyes looking at her.
She then told the judge president that she hardly had any pictures left of herself, as most were deleted from her phone. This, she said, was a lie because she did not want to send him pictures of herself.
She will resume her evidence on Tuesday.
zelda.venter@inl.co.za
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