By Lehlohonolo Lehana.
The Judicial Conduct Tribunal heard a second day of evidence with WhatsApp exchanges between Eastern Cape High Court Judge President Selby Mbenenge and secretary Andiso Mengo.
Mengo told a Judicial Conduct Tribunal on Tuesday that during a WhatsApp exchange, which lasted from just before 7pm until 11:30pm on 8 June 2021, that after he asked her for the picture, he said, “Take off the top part or the upper part.”
She said her understanding was that he wanted her to undress and “be naked from the upper body”.
The WhatsApp exchanges between them were introduced as evidence before the tribunal.
The Judge President has admitted to the contents of some messages. However, he is expected to deny that he sent other messages and that he will deny an alleged “incident” which occurred in his chambers.
The tribunal is probing allegations by Mengo that Mbenenge sexually harassed her between 2021 and 2022 through multiple suggestive messages via WhatsApp, inappropriate comments, and gestures regarding her appearance at work and a specific incident in his chambers.
Much of Tuesday’s evidence dealt with the many WhatsApp messages between Mengo and Mbenenge, her interpretation of these messages, and unravelling the significance and meaning of emojis they sent to each other.
All the WhatsApp conversations were initiated by Mbenenge and all occurred after working hours. He asked her to delete the messages, which she did not do, although she told him she had.
Mengo, testifying with the assistance of a Xhosa interpreter, said that after he asked for the naked picture, she had sent “monkey face” emojis to him as a sign that she was embarrassed and “shocked”.
He had ultimately “begged” her to send a picture. But apart from changing a picture on her WhatsApp status, fully dressed, she did not send him anything.
The tribunal is expected to hear more evidence regarding further WhatsApp messages on Wednesday.
Tribunal President Bernard Ngoepe said he did not understand all of her messages and explanations for her responses. For example, was she talking about actual meat and actual marinade and actual heat.
While Mengo had said this was a sarcastic response to Mbenenge, Ngoepe said that “certain issues” were still not clear and needed to be addressed and clarified