Mail & Guardian reports that on Wednesday, evidence leader Salome Scheepers began her cross-examination of Eastern Cape judge president Selby Mbenenge, who has been accused of sexual harassment by former court secretary Andiswa Mengo.

She argued, by focusing on an 8 June 2021 incident in which Mbenenge asked for Mengo’s phone number at her desk when he was visiting a fellow judge, that it was inappropriate for him to initiate a relationship with the court secretary of another judge. The evidence leader said he initiated a conversation with Mengo in a way that abusers often do — from a professional or neutral point — only to turn it sexual later. Mbenenge countered that he had asked for her number as a “social being”, rather than it being inappropriate workplace behaviour. Mengo has testified that Mbenenge engaged in unwanted sexual advances; sent pornographic material, including photos of his private parts; requested half-naked photos and exposed himself to her at his chambers. The seven month-long tribunal has seen the contested meaning of WhatsApp text messages forming a key part of the evidence — with the complainant stating they showed persistent harassment while defence argued that they illustrated mutual interest between consenting adults. The tribunal is set to conclude on Thursday. Afterwards the Judicial Conduct Tribunal will make recommendations to the Judicial Service Commission as to whether Mbenenge is guilty of misconduct. The sexual harassment charge could lead to impeachment, if the commission makes further recommendations to the National Assembly.


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