Mbenenge sexual misconduct:'Omissions seek to mislead panel'
The cross-examination of the complainant in the sexual harassment tribunal against Eastern Cape Judge President Selby Mbenenge continues in Rosebank.
High Court Secretary Andiswa Mengo has accused Mbenenge of making unwelcome sexual advances towards her nearly two years ago.
On Tuesday, Mbenenge’s lawyer, Advocate Muzi Sikhakhane focused on Mengo’s role in the exchange of messages to which she conceded the interactions could be perceived as consensual in part, and that she had omitted some message that she sent to the judge president from her evidence.
On Wednesday’s questioning around the allegation that the judge president abused his power – when making these advances.
“While we are there, about things you omitted to say, you and your lawyers. In fact, you were at pains to explain what you call power relations. I am making this introduction, Ms Mengo, so it’s not suggested that I am unfairly discussing the theory of power with you. It is the theory that you and your lawyers have repeatedly brought up to show that there was an abuse of power.”
Mengo previously testified that she sometimes responded to the sexually suggestive messages from the judge president, in a seemingly approving manner, because she was afraid of what rejecting someone in such a senior position could mean for her employment.
Sikhakhane continued to attempt to poke holes in Mengo’s testimony, implying that the omission of her responses to the inappropriate messages between them was intended to mislead the panel.
Sikhakhane also says there’s missing evidence to support her claims of a conversation in which the judge president refers to him ejaculating, and the alleged shared image of his private parts.
“We agree that we cannot find it, and the experts cannot find it on any phone… In fact, the experts cannot find it hibernating in the respondent’s phone.”
The complainant has been the only witness to take the stand since the Judicial Conduct Tribunal hearing, led by retired judge Bernard Ngoepe, began over a week ago.
At times Mengo has broken down when recounting the alleged exchanges between herself and Mbenenge, including when he allegedly sent him sexually explicit images.
Responding to questions from her lawyer Nasreen Rajab-Budlender, on Tuesday, Mengo rejected the judge president’s claim that she consented to the messages and denied ever being in a romantic relationship with him.
She said she feared that no one would believe that Mbenenge was harassing her.
“Here we’re talking about a powerful person. We’re talking about someone who is in charge of the entire province. It was difficult to say no to him. Although I said no on numerous occasions, he did not listen. More than everything, I was scared of how he would treat me in the workplace.”
The judge president has maintained that the relations between himself and the complainant were consensual.
ALSO READ:
