Persuasion – or harassment?

Evidence leader and senior judge lock horns on the nature of his advances to the woman who is accusing him of sexual harassment

- Nkateko Joseph Mabasa

The evidence leader in Eastern Cape judge president Selby Mbenenge’s judicial tribunal this week argued it was inappropriate for him to initiate a relationship with the court secretary of another judge.

On Wednesday, Salome Scheepers began her cross-examination of Mbenenge — who has been accused of sexual harassment by former court secretary Andiswa Mengo — by focusing on an 8 June 2021 incident in which he asked for her phone number at her desk when he was visiting a fellow judge.

The evidence leader said he initiated a conversation with Mengo in a way that abusers often do — from a professional or neutral point — only to turn it sexual later. Mbenenge countered that he had asked for her number as a “social being”, rather than it being inappropriate workplace behaviour.

Mengo has testified Mbenenge made unwanted sexual advances; sent pornographic material, including photos of his genitals; requested half-naked photos and exposed himself to her at his chambers.

At the start of his testimony this week, Mbenenge said his car tracker showed he was not at the office during the alleged flashing incident but had gone to the bank, conducted a lecture and gone to court. His former secretary Zintle Nkqayi corroborated Mbenenge’s version of events.

The seven month-long tribunal has seen the meaning of WhatsApp text messages forming a key part of the evidence — with the complainant stating they showed persistent harassment while defence argued that they illustrated mutual interest between consenting adults.

The sides have presented conflicting interpretations of the salacious texts, lewd photos and sexually suggestive emojis, with Mbenenge saying this was part of the normal courting process. Mengo says she felt harassed and was unsure how to respond.