JOHANNESBURG, SOUTH AFRICA – Eastern Cape Judge Mbenenge is currently facing serious allegations of sexual harassment brought by a junior court staff member, High Court secretary Andiswa Mengo. The accusations, which include claims of receiving explicit images and sexual messages, are now being scrutinized by the Judicial Conduct Tribunal in Sandton.
At the heart of the case is a disturbing claim made by Mengo, who testified earlier this year that Mbenenge sent her an image of his genitals, followed later by a graphic photo of a man performing a sexual act on a woman. She alleges these messages were part of a pattern of unwanted advances that occurred between 2021 and 2022 while she worked closely with the judge.
Judge Mbenenge Denies Sending Explicit Content
Judge Mbenenge has firmly denied all accusations of sexual misconduct, telling the tribunal that the messages in question were never sent by him. He further characterized his past communications with Mengo as part of a “mutually flirtatious” dynamic, rather than an act of harassment or abuse of power.
During his testimony, Judge Mbenenge acknowledged having private conversations with Mengo via text but stated that he did not send any pornographic material. In particular, he took issue with the claim that he sent a photo of his private parts, calling the accusation “painful” and “deeply damaging.”
“We will sit here until cows come out. We are not going to see this alleged picture of private parts with one standing on top of a cubicle and with white pubic hair, such as his hair(s),” Mbenenge told the tribunal. “I’m at pains to have to talk about these things. The situation is such that I have got to be explicit because I have to defend myself.”
He maintained that no such image exists and that the claim is entirely fabricated.
According to tribunal records, a late-night exchange between Judge Mbenenge and Mengo on 17 June 2021 has become a central point of contention. Mengo claims that among the messages sent that evening — some of which were later deleted by the judge — was the explicit image in question.
The alleged message was followed by another from Mbenenge that read “bj=?” — a message Mengo interpreted as a request for oral sex. The use of emojis and shorthand in their communications has prompted extended analysis during the hearings, raising questions about intention, consent, and interpretation in digital conversations.
The tribunal has even gone so far as to examine the symbolic meaning of certain emojis exchanged between the two, as they seek to understand the tone and intent behind the communications.
In her testimony earlier this year, Mengo claimed that the explicit image sent to her bore identifiable traits that led her to believe it was that of the judge. She stated that she could identify Judge Mbenenge based on “the colour of his body hair.”
Mengo also painted a broader picture of ongoing unwanted advances, saying that she felt uncomfortable and intimidated but feared losing her job or facing retaliation if she rejected the judge’s overtures.
The case against Mbenenge presents a complicated dispute of facts. With no recovered digital evidence of the deleted images and conflicting testimonies, the tribunal is now tasked with weighing credibility and intent.
Legal experts say this case underscores the difficulties inherent in investigating allegations of digital sexual harassment — particularly when messages are deleted, and much of the evidence is subjective or circumstantial.
If found guilty, Mbenenge could face disciplinary action, including removal from judicial office, which would mark a significant blow to the credibility of South Africa’s judiciary. As a senior figure in the Eastern Cape judiciary, the outcome of this case could have broader implications for the perception of accountability in the country’s legal system.
As proceedings continue in Sandton, both sides have signaled their intention to present further evidence and witness testimony. The Judicial Conduct Tribunal has stressed the importance of maintaining the integrity of the process, particularly in a case involving a senior judicial figure like Judge Mbenenge.
The legal community, civil society organizations, and the public at large are watching closely. The case has sparked national conversation about sexual harassment in professional settings — particularly within South Africa’s legal institutions.
Source- EWN
