Sex, Screenshots, and a Suspended Judge: Mbenenge Tribunal Nears Final Arguments

October showdown looms after months of dramatic testimony, emoji analysis, and digital forensics

Judge Selby Mbenenge, the head of the Eastern Cape High Court, is on the edge of potential impeachment as the Judicial Conduct Tribunal prepares to reconvene in October for oral arguments in one of the most dramatic judicial hearings in recent memory.

After months of heated testimony, conflicting witness accounts, and even forensic emoji analysis, the Tribunal will soon decide whether Mbenenge should be held guilty of gross misconduct for allegedly sexually harassing his former secretary, Andiswa Mengo.

The outcome could mark the first time a senior judge in democratic South Africa is removed for sexual misconduct.

Allegations that shook the Eastern Cape bench

At the centre of the case is Mengo’s claim that Mbenenge sent her sexually explicit WhatsApp messages, including requests for nude images, lewd innuendo, and, most explosively, a photo of his penis.

She testified that the advances began subtly, comments about her appearance and inappropriate gestures in the workplace—but eventually escalated into digital harassment. A particularly disturbing incident allegedly took place in Mbenenge’s chambers in November 2022, where she says the judge made suggestive comments and gestures, including a reference to his arousal.

Mbenenge has denied the accusations, claiming the interactions were consensual, though he admitted to making some of the remarks—such as asking her to remove her jacket “so he could admire her figure.” His line of defence: it was flirtation, not harassment.

Mutual or manipulative? Experts weigh in

The Tribunal has heard from a range of experts and witnesses, with testimony painting wildly contrasting pictures of the judge-secretary relationship.

Forensic linguist Dr Zakeera Docrat testified that Mengo’s use of emojis, like the “see-no-evil monkey”—signalled warmth or agreement, suggesting mutual engagement in the WhatsApp exchanges.

But gender violence expert Dr Lisa Vetten disagreed, stating that Mengo’s responses were often evasive and inconsistent, likely meant to avoid confrontation with someone in a position of power. Vetten also noted that Mbenenge initiated far more messages (526) than Mengo (311), framing the judge as the aggressor.

Evidence under the microscope

Digital forensic expert Dr Vincent Mello raised questions about the authenticity and format of the controversial photo allegedly sent by Mbenenge. He suggested it might have been a screenshot or image saved externally, noting it didn’t follow WhatsApp’s usual layout or metadata structure.

This raised the question: was the damning image ever actually sent via WhatsApp? And if not, could the Tribunal rely on it?

Culture and character: What other witnesses said

Adding to the complexity were character witnesses who described Mbenenge as someone who regularly comments on people’s outfits and appearance, regardless of gender.

Zinhle Nqkayi, a former secretary in the judge’s office, told the Tribunal that “big girl” comments and quips about “curtains” or “sleepwear” were part of his daily banter with staff.

Whether this suggests inappropriate workplace behaviour or merely informal conduct is one of the questions the Tribunal must grapple with.

A legal and ethical reckoning for the judiciary

The Mbenenge tribunal hasn’t just tested the boundaries of workplace conduct, it’s also forced the legal community to confront how power dynamics, digital communication, and consent intersect in modern professional settings.

The Judicial Conduct Tribunal, led by retired judges B.M. Ngoepe and C. Pretorius with Adv G. Mashaba SC, will reconvene on 21 and 22 October 2025 for final arguments. After that, they will determine whether to recommend that the Judicial Service Commission (JSC) find Mbenenge guilty of gross misconduct, a move that could pave the way for impeachment.

Whatever the outcome, the Mbenenge tribunal has already become a landmark moment in South African legal history, raising thorny questions about consent, power, and justice in the judiciary itself.

{Source: The Citizen}

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