Judge Selby Mbenenge's former secretary says he was at the bank during alleged flashing incident

Mail & Guardian

2 days ago

Eastern Cape judge president, Selby Mbenenge. (Judges Matter)
Eastern Cape Judge President Selby Mbenenge's former secretary, Zintle Nkqayi, on Wednesday corroborated his denial that he
Mengo, the former clerk of another judge in the division,
In
Mbenenge has
Nkqayi worked as Mbenenge's secretary from 2020 until she resigned in April 2025, citing bad treatment by colleagues who supported Mengo.
Questioned by Mbenenge's counsel, Griffiths Madonsela, who focused on 14 November 2021, the day the alleged indecent exposure took place, Nkqayi testified that the judge president had gone to the bank at the time of the alleged incident and had lawyers waiting for him at his chambers for a consultation.
She said she never left her desk and did not see any flashing, adding that when Mbenenge returned from the bank, she accompanied him to deliver a lecture to students and then they went to court.
Madonsela also questioned Nkqayi about an incident that allegedly occurred on 28 May 2021 at the high court in Makhanda, where Mbenenge is said to have hugged the court manager in his chambers.
According to Mengo, she had gone to the judge president's office to make a complaint about the court manager before leaving. She says she then returned shortly after, and saw Mbenenge hugging the court manager.
Nkqayi testified that on that date, Mengo asked to see the judge president and afterwards he met the court manager and the court registrar, but the hugging incident did not take place.
Nkqayi disputed Mengo's claim that she was the last person to leave Mbenenge's office, stating that Mengo left in the morning after she complained about the court manager.
In another incident alleged to have happened at the high court in Mthatha, Mengo alleges that she walked past Mbenenge's office and was subjected to inappropriate remarks..
In her testimony about the incident, Nkqayi said Mbenenge commented about Mengo's dressing in a joking manner, asking her: 'What is it, big girl? Why are you wearing a curtain today? Do you see how other children are dressed?'
According to Nkqayi, Mengo responded that she would not be in court that day but would instead be working on appeals, before walking off.
Asked by Madonsela whether such conversations were unusual, Nkqayi said Mbenenge usually made remarks about how people were doing and whether they were dressed appropriately.
Nkqayi said she could no longer continue working at the court after the judge president left, citing bad treatment. She said the pressure and depression led her to the brink of admission to a mental institution. She decided to stay at home to avoid worsening her mental health.
Counsel for the complainant, Rajab-Budlender, had requested permission to cross-examine Mbenenge and his witnesses, but
Scheepers asked Nkqayi how she could remember conversations that happened three years ago when nothing significant happened, to which the witness responded that she consulted her diary and the meetings involved the court manager.
The evidence leader queried whether Nkqayi was at her desk the entire day, suggesting there may have been moments when the court manager could have entered Mbenenge's office when Mengo returned and saw them hugging.
Madonsela interjected and read Mengo's affidavit where she said that Nkqayi was at her desk when she went into Mbenenge's office and saw the hugging incident. Scheepers conceded that this detail in Mengo's affidavit differed from her testimony at the tribunal that Nkqayi was not at her desk.
Ngoepe said Scheepers should present both versions of Mengo's statements to Nkqayi instead of choosing just one.
Mbenenge is expected to testify before the tribunal concludes on 11 July.