'It was only flirtatious' - Eastern Cape Judge President tells Tribunal

Eastern Cape Judge President Selby Mbenenge said the claims by a judge’s secretary that he tried to solicit oral sex from her in chambers never happened, and that the allegations are malicious and hurtful.

Judge Mbenenge took the stand on Monday in the Judicial Conduct Tribunal’s sexual harassment probe against him. Judge’s secretary Andiswa Mengo claimed that Judge Mbenenge had made unwanted sexual advances towards her. These include that on either November 14 or 15, 2022, he called her into his office and tried to solicit oral sex from her by attempting to open the zip of his pants.

Mbenenge said that he hoped that he did not need to answer to these allegations, as they were all lies and never happened. He said that if proper investigations were done by the evidence leader of the tribunal prior to the hearing, he would not have needed to answer to these allegations.

Mengo earlier testified that the sexual advances made by the judge president towards her in his chambers happened in the afternoon and she said his secretary was not there at the time. But Judge Mbenenge said the court’s laptop register showed that on November 14, Mengo left the court building before his secretary.

He testified that on that day he only saw Mengo briefly that morning when he commented on her court attire and he did not see her again. The following day he was only at court until noon, when he left.

The judge president also used the tracker records of his state-issued vehicle to prove his movements on those days.

Judge Mbenenge also vehemently denied that he had ever sent Mengo any pictures of his private parts. “I have never sent any picture of my body part to her. It is a lie,” he told the tribunal.

In responding to questions by his counsel Advocate Griffiths Madonsela at the start of the proceedings as to how he valued women, Mbenenge denied that he saw women as objects of lust. “These labels are hurtful,” he told the tribunal. Judge Mbenenge said that adults are free to engage in any relationship, as long as it is mutual, adding that he is not concerned about any age difference.

Regarding his "flirtatious" conversations with Mengo, he explained that the way he understood flirtation is that it is a playful way of interacting with someone you are interested in. “This is what happened in this instance,” he said.

Asked about having a relationship with someone of a lower standing, Judge Mbenenge responded that judges are human beings. Much is said about the power dynamics, Judge Mbenenge said, but explained that Menge is employed in terms of the Public Service Act and that he is not her employer.

Judge Mbenenge said that since being labelled a “sex pest”, he has gone through a lot.

“It was painful,” he said, but added that nobody is perfect. With the “dark cloud” hanging over his head, he came to realise his imperfections. “I had to embrace that and soldier on.”

In testifying about their flirtatious WhatsApp conversations, Judge Mbenenge said there was no time during their conversations that he sensed she felt uncomfortable. “She played along; there was never any 'no'.”

He asked the tribunal to see their flirtatious exchanges, including the emojis they exchanged, in the context of two Xhosa people conversing with each other.

“It is highly embarrassing for me to talk about this… We are not dealing with a romantic relationship; it was only flirtatious,” Judge Mbenenge said, explaining that it was all just “playful” interaction.

Cape Times