Mengo vs Mbenenge: Key developments in South Africa's judicial sexual harassment case
Digital forensic investigator and data analyst, Francois Möller, gives evidence at the Judicial Conduct Tribunal Hearing.
Image: Supplied / Judicial Conduct Tribunal
Proceedings in the Judicial Conduct Tribunal into the complaint lodged by Andiswa Mengo against Judge President Selby Mbenenge resumed on Monday, with digital forensic investigator and data analyst, Francois Möller, testifying that 855 messages exchanged between the two were retrieved.
JP Mbenenge presides in the Eastern Cape Division of the High Court and was accused by Mengo - a judge’s clerk, of sexual harassment, in which she alleges several disturbing communications from Mbenenge.
Möller said he did a logical extraction of information from both devices, which included calls, contact information, media files, messages, and locations.
He said that in the logical extraction of information from Mbenenge’s device, they were able to retrieve 95 deleted messages, but he confirmed that these messages did not relate to this matter.
On Mengo’s device, Möller confirmed that they retrieved 275 deleted entries.
According to Möller, after a specific data download was conducted on both devices, 855 chat messages were retrieved and specifying that these messages were exchanged between Mbenenge and Mengo.
Andiswa Mengo during the tribunal against Eastern Cape Judge President Selby Mbenenge.
Image: Office of the Chief Justice / N Mabusela
Evidence leader in the tribunal, Advocate Salome Scheepers, pointed Möller to several screenshots of pictures and conversations sent between the devices of Mengo and Mbenenge.
Counsel for Mbenenge, Griffits Madonsela SC, probed Möller about the private part picture that Mengo said she had received from the Judge President.
Möller confirmed that the graphic picture had a timestamp of 09:05; however, “there were not enough features” on the picture to conclude whether the picture was a screenshot or a WhatsApp message she received.
This was because a search for messages between the devices showed no results.
According to Möller, the information could not be retrieved through a forensic extraction from Mengo’s device and could not be correlated with Mbenenge’s device, as he could only perform a logical extraction from Mbenenge’s device.
Judge President Selby Mbenenge presides at the Eastern Cape Division of the High Court and was accused by Andiswa Mengo of sexual harassment.
Image: Supplied / Judicial Conduct Tribunal
The Tribunal is expected to run until May 16.