Tribunal hears forensic proof of WhatsApp communication in Mbenenge sexual harassment case

Mail & Guardian

06-05-2025

Eastern Cape Judge President Selby Mbenenge. (Nelius Rademan/ Foto24/Gallo Images)
The Judicial Conduct Tribunal resumed its inquiry into Eastern Cape Judge President Selby Mbenenge on Monday, with damning testimony from a digital forensic expert confirming phone-based communication between the judge and his accuser, court secretary Andiswa Mengo.
Mbenenge is accused of sexually harassing Mengo, who works at the Makhanda high court. She alleges both in-person advances and electronic harassment, including sexually explicit WhatsApp messages sent by the judge.
Monday's hearing marked the continuation of
She told the tribunal the power imbalance between her and
Mbenenge's legal team has
Digital forensic specialist Francois Moller told the tribunal he had analysed two cellphones — one belonging to Mbenenge and the other to Mengo. He confirmed the existence of contact between the two, saying Mbenenge had saved her number as 'Andy Mengo' while she had stored his as 'JP' — standing for judge president.
Moller noted that the actual WhatsApp messages could not be retrieved from the devices using the numbers provided. Mengo's WhatsApp account was not linked to the SIM card in the Samsung A12 she had submitted for analysis.
Moller speculated that she had used an older number retained for WhatsApp access — a method he's seen in criminal investigations to evade detection by switching SIM cards while maintaining the app over wi-fi.
He confirmed that Mengo's phone contained 144 screenshots, with metadata showing the first batch was captured in July 2023 and the last in September 2024.
Moller compiled a second forensic report running to 855 pages based on WhatsApp data extracted from Mengo's separate account, indicating a substantial volume of exchanges with Mbenenge.
Brenda Madumise, director of Wise4Afrika, cautioned against reducing the tribunal's scope to a technical analysis of digital records.
'The exchanges have already been established. What's important is determining at what point the complainant felt uncomfortable,' she told the
Mail & Guardian
.
She said the defence's argument — that the messages were consensual — seeks to deflect from the core issue of whether Mbenenge's conduct constitutes gross misconduct, a finding that could trigger impeachment proceedings.
While confirming some aspects of the text exchange with the complainant, Mbenenge's legal counsel
The tribunal, now in its fourth phase, will next assess the authenticity and tone of the messages before submitting a report to the Judicial Service Commission (JSC). The JSC will then decide whether to recommend Mbenenge's impeachment to parliament or to dismiss the complaint.
Following the initial hearings in January, the
'We do not believe that in the case of Judge President Mbenenge the JSC was acting consistently with its own decade-long practice of recommending suspension immediately when a tribunal is appointed,' said Mbekezeli Benjamin, the organisation's research and advocacy officer.
Benjamin said while it's too early to tell if Monday's forensic testimony weakens the complainant's case, the broader concern lies in how the JSC has handled the matter. 'Suspension isn't punitive — it's about safeguarding judicial integrity and ensuring the judge can fully respond to the allegations.'
The case is the first known instance in South Africa of a judge president facing a sexual harassment inquiry. As the highest-ranking judicial officer in the Eastern Cape, Mbenenge's conduct has far-reaching implications for public trust in the judiciary.
Chief Justice Mandisa Maya is
Benjamin said the policy developments are positive but insufficient without consistent application. 'Efforts are ongoing to improve judicial efficiency through the National Efficiency Enhancement Committee but clearly this is not enough.'
The tribunal is set to continue until 15 May, with Mbenenge expected to testify before it concludes.