The Judicial Conduct Tribunal investigating allegations of sexual harassment against Eastern Cape judge president Selby Mbenenge wrapped up evidence proceedings on Thursday.
Mbenenge stuck to his guns that the sexually explicit WhatsApp conversations with junior court secretary Andiswa Mengo had been mutual and welcome, that he had never sent her photos of his penis and that the incident where she claimed he had attempted to solicit oral sex in his Mthatha chambers had never happened.
After some strenuous, repetitive cross-examination from evidence leader advocate Salome Scheepers on the alleged photos and the alleged incident, Mbenenge said her questions had become malicious.
“I have answered these questions repeatedly. You know my version. This is becoming malicious.”
Scheepers said she was required to put Mengo’s version to him.
Tribunal chair, retired judge Bernhard Ngoepe, eventually suggested to Scheepers that she rather argue the probabilities than repeatedly put the same issues to the judge president.
Asked by Scheepers if his romantic interest was ever again piqued in the future by another junior secretary whether he would conduct himself in the same manner, Ngoepe leapt in and said: “You don’t have to answer that.”
Earlier this week, Mbenenge said the issue should never have come before the tribunal and he apologised to the South African public for the embarrassment the publication of the “clandestine chats” had caused.
Mbenenge referred to the sexually explicit chats as clandestine because he said that both he and Mengo had agreed to delete them from their phones to ensure that they were not seen by other people.
“It is not of my making that I am here. The chats were flirtatious and involved two consenting adults.
“The two of us assured one another that the chats would remain clandestine.
“Now it has found its way into the public domain [because of Mengo’s complaint].
“It is embarrassing to me. I regret it happened and I apologise to South Africans that have had to be privy to these embarrassing chats.”
He said he was only apologising for the embarrassment caused but not that he was sorry about his conduct in indulging in the chats.
“I am embarrassed that the clandestine chats are now a public spectacle.”
At the start of her cross-examination, Scheepers put a number of questions to Mbenenge about his role as judge president.
He agreed that as the judge president:
- He was the administrative and judicial head of the Eastern Cape and had to lead by example;
- He had a duty as a leader to foster a respectful, safe and professional environment for all court personnel;
- He had to provide effective leadership in the division;
- His conduct inside and outside the courtroom must reflect the highest professional standards;
- He was bound by the judicial conduct code which had to be upheld in his official and personal conduct;
- The code required judges to act honourably and in a manner befitting judicial office at all times; and
- That judges should always disassociate themselves from sexist conduct and always respect the dignity of others.
While he agreed with all of this, he said it had nothing to do with the proceedings.
Over about six weeks since January, thousands of people have watched the proceedings live.
The more than 800 often salacious texts have been repeatedly traversed.
Mengo and Mbenenge have been cross-examined extensively on the chats, and experts have analysed their explicit and implicit meanings, including the meaning of accompanying emojis.
All that remains is for the parties to now argue their case. It will then be up to the panel to decide if Mbenenge’s conduct constituted gross misconduct.
Daily Dispatch
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