Cape Town - Counsel for Eastern Cape High Court Judge President Selby Mbenenge, who is accused of sexually harassing a junior judge’s clerk, told the complainant the judge has never sent her a picture of his private part or of any private part.
“He never sent you a picture of his private part or any private part.
“This allegation by you has embarrassed my client for all this time, actually for years,” Advocate Muzi Sikhakhane told Andiswa Mengo.
Mengo was on the witness stand for eight days before the Judicial Conduct Tribunal, which is hearing her complaints regarding Judge Mbenenge.
Sikhakhane started questioning her on Tuesday and continued on Wednesday in a bid to prove that she was never a victim of harassment and power play, as claimed by her.
In referring to her allegation that Judge Mbenenge sent her a picture of his private part, Sikhakhane told Mengo he now wanted the truth, so that both she and Judge Mbenenge can move on with their lives.
“Evidence will be led that this picture you claimed he sent you cannot be found by the experts on his phone.”
Mengo responded that she took a screenshot of the picture as Judge Mbenenge had deleted the picture soon after he had sent it.
Sikhakhane told Mengo that he is not being “nasty” to her with his questioning, but “this is a path that has been nasty to my client and his life”.
He further said this picture she claimed was sent by Judge Mbenenge does not exist.
“The experts will testify that this picture cannot be found anywhere on the gallery of your phone or on the respondent’s phone.”
Mengo was adamant that the picture was indeed sent to her.
Sikhakhane also questioned Mengo about some of her responses to messages and images she claimed Judge Mbenenge had sent her, which conveyed the belief that she was comfortable with their exchange.
Sikhakhane said he will call an expert on emojis to testify before the tribunal about exactly what emojis mean.
This expert, he said, will testify that those laughing emojis used by Mengo, in fact, meant the matter was so funny that they were “laughing on the floor emojis.”
The advocate on Tuesday, before starting his questioning, said it is not disputed that his client and Mengo exchanged various text messages, but the judge president did not share any vulgar images.
But the tribunal must determine whether this amounts to simple flirting or sexual harassment. If flirting is found, there is nothing for Judge Mbenenge to answer to, as this is not the tribunal’s business, he said.