Mbenenge defends banana emoji as romantic, not sexual

Mbenenge is accused of sexually harassing Mengo between June 2021 and November 2022 through inappropriate in-person comments and WhatsApp exchanges. 

The tribunal resumed on Wednesday with Mbenenge under intense cross-examination by evidence leader Advocate Salome Scheepers.

Tribunal digs into authority and marital status

The day’s proceedings began with Scheepers testing Mbenenge’s understanding of his role and influence as the Judge President — not only as Mengo’s superior, but also as a married man.

 She pressed him on how his advances aligned with both his legal authority and personal ethics.

Mbenenge responded that while he made advances, he believed they were not coercive, insisting the relationship never became romantic, even though it bordered on it.

"It must be clear to all and sundry that this relationship never gravitated to a romantic relationship in the true sense. This relationship was a flirtatious relationship with all the levels of flirtation. Some at a low ebb, somewhere somehow, it’s deep, it borders on being romantic."

The top judge insists he did not pressure Mengo, despite repeatedly asking about sexual positions and intimacy. 

He argued that her responses, which included laughing emojis and messages like “not at all,” showed she was engaging willingly.

When asked whether he had persisted even after Mengo declined intimacy by quoting a Bible verse, Mbenenge said her “no” was context-specific.

"I am not pressuring, I am continuing with a conversation,” he told the tribunal.

Scheepers challenged this repeatedly, saying it was clear that Mengo did not welcome his advances, and that a woman should not have to say no more than once.

Banana emoji takes centre stage

One of the most contentious moments came when Scheepers questioned a peeled banana emoji Mbenenge had sent in the midst of a sexually suggestive exchange. 

She asked why, in such a context, he would choose that emoji, instead of a neutral one, like chocolate,  if his intentions were innocent.

"You chose to send this one in a highly sexual conversation. And you want us to believe that it's not sexual in nature?”

Mbenenge defended his choice:  "This context is about a banana. It's a delicacy — a romantic delicacy that one can share with somebody,” he said.

"I grew up in a scenario where I see two people sharing a banana. It looks quite juicy to see those people biting and sharing and doing all that.”

He added that although the conversation was sensual, the banana had symbolic meaning for him and not a sexual one.

"I'm not using a banana together with another object. I am just talking sensually, sexually — I was going to have this banana with you.”

Scheepers put it to him that he was trying to imply he wanted to be intimate with Mengo.

"I wanted to have sex, yes,” Mbenenge admitted. 

“But we had agreed we would not go that route.”

He conceded that the messages were sexual in nature, but maintained that they were part of a mutual understanding.

"These talks were sensual. These talks were sexual. That is indeed the position. But it was hypothetical… I’m simply saying, if we had taken that other route, this is what I would have given you.”

Wednesday  marked the third day of the hearing. The Tribunal Chair, Judge Bernard Ngoepe, assured Mbenenge that he is not presumed guilty, and that the process will follow due legal procedure, regardless of how it is perceived in public.

The tribunal will continue on Thursday with further cross-examination, as Mbenenge maintains that his intentions were misunderstood and that his communication with Mengo never crossed into harassment.

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