Japanese Cape decide president, Selby Mbenenge. (Judges Matter)
Counsel for Japanese Cape decide president Selby Mbenenge on Tuesday started cross-examining the colleague who has accused him of sexual harassment, and put it to her that she was dishonest in her grievance and in her testimony about her position of their relationship.
Muzi Sikhakhane SC informed Andiswa Mengo that her responses to textual content messages from Mbenenge that she certified as “disgusting” weren’t these of an sincere complainant who was repulsed by his crude sexual advances.
Sikhakhane paused for a while on a laughing face emoji Mengo despatched in response to a sexually solicitous message from Mbenenge.
He mentioned this contradicted her earlier testimony that she was repulsed by his request for oral intercourse, after asking her not solely what she understood by the decide’s abbreviation of the slang phrase for the act however to explain what it entailed.
Sikhakhane mentioned as a result of Mengo had beforehand testified that when she had acquired the emoji from Mbenenge in an earlier trade, she learn it as which means the topic they have been discussing at the moment was “a laughing matter”.
Subsequently, he mentioned, she was absolutely conscious of what the emoji conveyed and was entertaining Mbengenge’s advances by replying with the identical in a sexually-charged trade during which he had urged fellatio.
Mengo has, in seven days of testimony to a judicial conduct tribunal, been questioned at size by proof chief Salome Scheepers about her responses to Mbenenge’s relentless pursuit, which he has mentioned was “playful”, “flirtatious” and consensual.
She conceded that though she rebuffed him in no unsure phrases a variety of instances, at others she appeared to associate with the overt sexual tone of the texts. Mengo mentioned she did so after realising that her rejection had no impact and had hoped that by responding as he plainly hoped, she could be left in peace.
The file reveals this method didn’t work as a result of Mbenenge didn’t relent.
A lot of the testimony has revolved round messages the decide president subsequently deleted. Mengo testified that he continuously despatched footage of his genitalia, in addition to pornographic photographs, from which he invited her to decide on her most well-liked place throughout intercourse.
She testified that in a single occasion, after months of such messages, she had forwarded one to a colleague within the division who instantly requested whether or not it got here from Mbenenge as a result of he had a repute for such conduct.
She mentioned she did so each for the sake of preserving proof, as a result of he had taken to deleting compromising messages, and to speak to somebody what she was enduring.
However Sikhakhane submitted that regretting that Mbenenge was deleting messages was not the behaviour of somebody who didn’t want to obtain messages of this nature.
He additionally raised a textual content message Mengo despatched to Mbenenge on Father’s Day in 2021. It was one of many few situations the place Mengo had initiated a WhatsApp interplay with the decide president.
Requested by Scheepers why she had considered texting Mbenenge early on a Sunday morning to want him a cheerful Father’s Day, Mengo replied that he was “a father in spite of everything”. She had additionally despatched needs to different judges within the division.
However Sikhakhane famous that Mengo had addressed Mbenenge by his clan title, and mentioned doing so amounted to using a time period of endearment.
“Now we have travelled slightly distance with all disgusting issues. You haven’t communicated your disgust.”
Mengo replied, talking via an isiXhosa translator: “Sure.”
Sikhakhane continued: “In reality then for all of the situations the place you need the panel to grasp have been disgusting, you will have really responded with a response revealing the alternative.”
He mentioned she had omitted in her preliminary grievance to a judicial conduct committee of the Judicial Service Fee the big variety of messages during which she didn’t disparage the respondent’s conduct, however reciprocated with unambiguous sexual innuendo.
“Madame, the theme I’ve been operating with you is that you don’t talk on this theme what you have been saying and speaking, notably the disgusting components and people the place you expressed endearment, you don’t,” he mentioned.
“It’s as a result of you do not need to point out the endearment you have been expressing.”
It has been anticipated that Sikhakhane would hone in on Mengo’s equivocation between rejection and indulgence, and would argue that she was inspired to convey a grievance to persecute a senior member of the judiciary.
Mbenenge is the primary decide to danger impeachment for sexual misconduct. However, as Sikhakhane confused, this may activate whether or not the interplay, which stretched from June to November 2021, was consensual.
The 37-year-old single mom has informed the tribunal that, given the facility discrepancy between her and the pinnacle of the division the place she labored as a secretary, she felt susceptible and demeaned.
When requested on Tuesday by her authorized counsel, Nasreen Rajab-Budlender, what impact the expertise has had on her, Mengo mentioned she felt stripped of her dignity.
She added: “Socially, I can’t even maintain a relationship.”
Requested how the interplay with Mbenenge affected her work, Mengo mentioned she was not as productive as earlier than.
The cross-examination is to proceed on Wednesday.