Mbenenge: I pursued Mengo, 'adults free to love'
Eastern Cape Judge President Selby Mbenenge has defended his decision to pursue a romantic relationship with his former secretary, Andiswa Mengo.
He told the Judicial Conduct Tribunal on Monday that adults should be free to engage in any form of relationship, as long as there is mutual consent.
Mbenenge finally took the stand to respond in detail to sexual misconduct allegations levelled against him by Mengo.
This marks a critical moment in a case that has gripped the legal fraternity since the allegations first surfaced, centred on claims that Mbenenge used his position of power to make repeated, unwanted sexual advances between 2021 and 2022.
Claims of power abuse and a denied image
Mbenenge is accused of proposing a romantic relationship to Mengo over an extended period, sending flirtatious messages, and allegedly exposing himself in his chambers in November 2022.
He also stands accused of sending an explicit photo, a claim he has strongly denied.
In his testimony, Mbenenge was guided by his legal counsel, Advocate Muzi Sikhakhane, who attempted to frame the judge as a man of integrity with a long-standing professional record and deep respect for women.
The Judge President reflected on his judicial contributions, referencing past rulings and academic papers, although it remained unclear how those were relevant to the misconduct case.
He also highlighted the institutional challenges he faced as Judge President, including pressure from the media and mismanagement within Eastern Cape courts.
Flirtation acknowledged, but no malice, he says
In a significant admission, Mbenenge conceded that he and Mengo did exchange flirtatious WhatsApp messages, often outside of working hours.
He admitted to commenting on her statuses and even sharing images, but claimed he couldn’t recall the exact messages sent on June 8th and 9th, 2021.
"As an old Xhosa man, I interpreted some of her emojis as flirtatious. I’m unfamiliar with modern digital expressions."
A digital forensic expert, Dr Vincent Mello, testified that nearly 200 emojis were exchanged, 97 from Mbenenge and 69 from Mengo.
Despite the nature of these exchanges, Mbenenge denied ever sending explicit content or behaving inappropriately in person.
His defence hinges on the claim that while there was flirtation, there was no harassment or coercion.
A question of ethics, class and consent
The tribunal has heard that the power imbalance between Mbenenge and Mengo may have made it difficult for her to reject his advances.
When questioned about this dynamic, Mbenenge dismissed the notion that a judge should never engage romantically with a junior colleague.
He described it as “a fallacy,” arguing: "The notion that a judge cannot have affection… is hard to fathom. People are adult individuals. They are free to engage in whatever form of relationship as long as there’s mutual consent.”
He added that he frowned upon class distinctions.
"I don’t believe that a JP should be confined to persons of the same class. I know of judges who married their secretaries in this country. Heavens did not fall.”
Criticism of the Tribunal’s Evidence Leader
At one point, Mbenenge turned his frustration toward Advocate Salome Scheepers, the tribunal’s evidence leader.
He accused her of pursuing a “malicious campaign” to publicly shame him.
He argued that Scheepers failed to properly assess the evidence, focusing too narrowly on specific incidents, including an allegedly inappropriate hug involving another court manager.
He further claimed that if she had done her job thoroughly, she would have uncovered material that undermines Mengo’s credibility.
Personal impact and ongoing scrutiny
Mbenenge testified that the fallout from the case has deeply affected his personal and professional life.
While he’s tried to shield his family from the media storm, the emotional toll has been significant.
He told the tribunal that he feels unfairly judged by the public and some within the legal community, without the full facts being considered.
"I am prepared to answer the allegations, but I cannot take responsibility for things I did not do.”
The tribunal continues this week as the fact-finding process enters its final stretch.
With competing versions of events, the panel will have to weigh flirtation against coercion, intent against impact, and personal freedom against professional ethics.
Judge Mbenenge remains firm in his denial of the most serious allegations and insists that his conduct, while perhaps unorthodox, was never abusive.