Understanding Andiswa Mengo's response to sexual conversations with Judge Selby Mbenenge

An expert said the judge’s clerk, Andiswa Mengo, was embarrassed and in agreement with the sexual conversations between her and the Eastern Cape Judge President (JP) Selby Mbenenge. 

JP Mbenenge's counsel, advocate Griffits Madonsela SC, put this to the witness, Dr Zakeera Docrat, a researcher, forensic, and legal linguist, at the Judicial Conduct Tribunal on Wednesday, held in Sandton. 

Mbenenge, who presides at the Eastern Cape Division of the High Court, is accused by Mengo of sexual harassment. She alleges several disturbing communications from the Judge President. 

During the cross-examination, where Dr Docrat described the functions of the emojis used by Mengo in her conversations with Mbenenge, she agreed with Madonsela that Mengo was embarrassed and in agreement with the sexual conversations. 

However, she disagreed with Madonsela that Mengo did not at any point rebuff any sexual conversations from the Mbenenge. 

“When I gave my evidence yesterday (Tuesday), there were instances where I said there was a specific sticker sent by the complainant that said, ‘no honourable member don’t do that’. I can’t give a blanket response,” she said. 

Dr Docrat had described the emoji of a monkey hiding its face with its hands as meaning shyness and embarrassment. She described the laughing emoji as an automated response, laughing it off. She also said context is everything when interpreting the emojis. 

Mbenenge said he interpreted the use of the monkey hiding face emoji was flirtatious. Dr Docrat said the opinion which would trump is that of an author not hers. 

Madonsela referred Dr Docrat to a flirty conversation where Mengo and Mbenenge spoke about exchanging pictures and Mengo made a suggestion and said to, “Do you know that when I want money you will give it to me,” and she put an emoji of a monkey hiding its face. 

“In your interpretation of the emoji, what does it mean?” Madonsela asked Dr Docrat. 

She said the emoji is interpreted as Mengo being shy and embarrassed. Asked if this was not consistent with flirting. She said the emoji was in contradiction with what Mengo said. 

The presiding officer of the Tribunal, Judge Bernard Ngoepe, said he did not see any contradiction in this but discomfort in asking money from somebody. 

Additionally, Madonsela referred Dr Docrat to another conversation where Mengo and Mbenenge were talking about sexual positions and "getting warm". In that conversation, Mengo said "if you happen to have melted step one, it will mean the marinate worked before the heat". 

Mbenenge responded and said it's true if you happen to have melted step one, and said "Tell me" and sent an ear emoji. 

Mengo responded with four rolling laughing emojis and said, 'no (Hhayi).' Both Madonsela and Docrat agree that the conversation was sexual, and Docrat describes the laughing emojis as joking and laughing. 

In another conversation where the pair discussed sexual positions, Mengo responded by saying she would go with whichever position and used the emoji of the monkey covering its face. Docrat said the emoji meant that Mengo was embarrassed. 

Referring to another message exhange, Mengo had commented on Mbenenge’s status and said "cute" accompanied by the monkey emoji. A minute later, Mengo sent a monkey emoji. In her interpretation, Docrat said Mengo was shy about saying that, and agreed that Mengo was engaging in the context of the historical sexual conversation.

In various conversations, Mengo used the monkey covering its face emoji, which Dr Docrat maintained indicated Mengo was shy and embarrassed."

The Tribunal continues on Thursday. 

nomonde.zondi@inl.co.za