Eastern Cape judge president Selby Mbenenge referred to women staff as “big girls” and “children” and regularly commented on their dress, his former secretary, Zintle Nkqayi, told the judicial conduct tribunal probing sexual harassment claims against him.
Nkqayi was testifying about an incident in November 2022 when Mbenenge had commented on the complainant, Makhanda high court secretary Andiswa Mengo’s, dress.
On that day, Mengo had said he had remonstrated with her for wearing colourful clothes in the court precinct.
She had responded that she was not in court that day, so it was not necessary to wear sober colours.
Nkqayi confirmed the incident, saying the judge president had spotted Mengo going past their interleading offices and had called her in.
He had said to Mengo: “What is it, big girl? Why are you wearing a curtain today?”
When Mengo had said she was not in court that day he had indicated the other two secretaries in the office and said: “Do you see how the other children are? They are dressed well.”
Nkqayi, who was being led in her testimony by Mbenenge’s counsel, advocate Griffiths Madonsela, SC, suggested that this was the way the judge president usually talked.
“It was his way. He even passed these comments to lawyers. The first thing he notices is how you are dressed.
“Even with myself. He will say: “Hayibo, big girl. Are you awake? Why are you still dressed in your pyjamas?”
Nkqayi started out as a stenographer in the Bhisho high court in 2020 but later became Mbenenge’s secretary.
Towards the end of her evidence, she said she had resigned in April as since the judge president had “left” she had not been treated well, suffered depression and feared she would end up in a “mental institution”.
It was not clear what caused her depression. The tribunal’s chair, retired Gauteng judge president Bernard Ngoepe, described it as a “side issue” over which the commission should not concern itself.
Nkqayi spelt out in detail what Mbenenge’s day had looked like on November 14 2022, the day on which, Mengo testified, he had called her into his office and showed her his “bulging” pants and asked her to “suck it”.
He has fiercely denied the incident ever happened.
Nkqayi suggested Mbenenge had back-to-back meetings with judges and the registrar in the morning, was out of the office from 1pm to 3.30pm and had then given a lecture in a courtroom after 4pm.
She said she only left her office for a short while to check the venue for the lecture.
The hearing continues on Thursday.
Daily Dispatch
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