A clerk disclosed intriguing details about late-night messages linked to the Eastern Cape judge president.
Judges Matters
The clerk accusing Eastern Cape High Court Judge President Selby Mbenenge of sexual harassment stated that she tolerated his late-night WhatsApp messages out of respect for his position as her superior and his age.
The clerk accusing Eastern Cape High Court Judge President Selby Mbenenge of sexual harassment stated that she tolerated his late-night WhatsApp messages out of respect for his position as her superior and his age.
Andiswa Mengo revealed to the Judicial Conduct Tribunal that she felt compelled to respond to his messages out of fear, given his position of power.
“I feared losing my job as a single mother. I couldn’t risk him misinterpreting my words as disrespect,” Mengo explained during her second day of testimony before the tribunal, which is investigating her complaint.
The tribunal, chaired by retired judge president Bernard Ngoepe, is tasked with determining whether Judge Mbenenge engaged in any misconduct.
Mengo alleged that he repeatedly subjected her to sexual harassment, both within the office environment and through late-night WhatsApp messages.
She claimed the messages began in June 2021, shortly after he noticed her child during a visit to her office. He probed into the identity of the child’s father and inquired about the number of children she had. Though the questions made her uneasy, she indulged him, understanding that he was her superior.
Her discomfort grew when he requested that she send him pictures of herself. In response, she fabricated a story, claiming that she barely had any photos left, as most had been erased from her phone.
She later recounted the numerous late-night conversations they had over WhatsApp, explaining that if it had been anyone other than the judge president, she would never have entertained such exchanges.
At the outset of this week’s proceedings, Evidence Leader Advocate Salome Scheepers stated in her opening remarks that Mbenenge had admitted to potentially being “mistaken” and had expressed regret for his actions.
She emphasised that by doing so, he had recognized his wrongdoing. As a married man, the head of the judiciary in the Eastern Cape, and a respected leader in both the community and the church, his behavior was clearly at odds with the ethical standards expected of judges.
She stated that he had confessed to interacting with the clerk on social media in a manner that was unmistakably sexual and inappropriate.
Mengo mentioned that his next messages came five days later and were primarily work-related, praising her work ethic. Although she appreciated the compliment, she felt uneasy about the direct nature of his approach. In her view, it would have been more appropriate for a judge president to convey such feedback through the judge she worked with or her direct supervisor.
She also found his remarks some accompanied by emojis about her pictures on social media unsettling. Another comment that made her uneasy was when the judge president asked if she was “quick to melt.” Initially, she chose not to respond, but eventually replied with a sarcastic, “It depends.”
On Monday, Judge Mbenenge’s counsel informed the tribunal that his formal response to the allegations would be submitted at a later point in the proceedings.
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