Mbenenge confirms case against Mengo over leaked chats
Embattled Eastern Cape Judge President Selby Mbenenge has told the Judicial Conduct Tribunal on Tuesday that he had opened a criminal case against his former secretary and accuser, Andiswa Mengo.
The case relates to the circulation of sexually explicit WhatsApp messages and images, which Mbenenge claims were shared without his consent.
He also revealed that he personally informed then- Chief Justice Raymond Zondo about the viral content.
"I was gutted. These were conversations between two consenting adults, and they became the subject of a WhatsApp status , either by or at the instance of the complainant,” said Mbenenge.
"My concern was that the content was being widely disseminated and it was damaging. I thought to myself — it’s an offence to share private material between two people without the other’s consent.”
Mbenenge said he did not immediately lay a charge due to personal embarrassment.
"I didn’t want to get technical. Instead, I tried to stop the pictures from circulating by reaching out to the complainant. I believe that was on Sunday, 4 December 2022.”
Two days later, on 6 December, Mbenenge travelled to Johannesburg to meet with Zondo at his Constitutional Hill office.
"I spent about seven minutes with him and told him there was content circulating that might reach him. He responded by saying, ‘I’m not deep into WhatsApp stuff, I don’t even know about it.’”
According to Mbenenge, Zondo advised him to pray and shared that such allegations often happen to people in public office.
"He said to me, ‘JP, these things happen to people. You must pray hard.’ He told me he hadn’t received anything yet, but I wanted to be proactive and make him aware before the matter escalated.”
Mbenenge confirmed that he eventually opened a crimen injuria case against Mengo in relation to the incident on either the 14th or 15th of December, 2022 — as well as over images he insists he never sent.
"Yes, there is a case I’ve opened. I’m not saying it’s relevant to these proceedings, but it shows my commitment to disputing what I’m accused of.”
Addressing the tribunal’s questions on whether his conduct amounted to harassment, Mbenenge defended his actions and said his cultural perspective differs from Western interpretations of persistence in romantic pursuits.
"From a Eurocentric perspective, persistence might be interpreted as harassment. I don’t see it that way, that interpretation doesn’t appreciate my culture. I’m speaking from my own understanding.”
Mbenenge dismissed the complaint lodged by Mengo, claiming it was baseless.
"A complaint founded on lies should not be entertained. A complaint tainted by lies is not a valid complaint, even though I am here testifying. I didn’t want to be technical about it.”
When asked why Mengo would pursue a false complaint, he said: “I can only speculate, and I’m not sure I’m entitled to do that. But looking at it in hindsight, there were flirtatious chats between June 2021 and February 2022. I believe they were mutual. There’s nothing about them that was unwanted.”
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