Latest news with #JudicialConductTribunal
Eyewitness News
13 hours ago
- General
- Eyewitness News
Mengo claims she received death threats following her sex harassment complaint against EC Judge President Mbenenge
JOHANNESBURG - Eastern Cape High Court secretary, Andiswa Mengo, claims she has received death threats following her sexual harassment complaint against the division's judge president, Selby Mbenenge. Mengo's complaint is the first ever that has led to a probe which could lead to the judge president's impeachment. The top judge is accused of making unwanted sexual advances towards Mengo between 2021 and 2022. ALSO READ: • Judge Mbenenge may testify before tribunal probing sexual harassment allegations • Mengo removed Mbenenge's portrait from EC court's halls, tribunal hears • Mbenenge tribunal: Witness grilled on explicit content she received from Mengo • Mbenenge sent Mengo emojis with sexual undertones on WhatsApp, tribunal hears The tribunal has so far heard evidence from expert witnesses who have corroborated some of the testimony provided by Mengo in May. Hearings have been postponed to the end of June. Mengo laid her official sexual harassment complaint against the division's top judge in 2023. Since then, Mengo has been working in the same division of the high court, taking leave from work each time the Judicial Conduct Tribunal sits to investigate the allegations she has levelled against Mbenenge. Now, it's alleged that she received a handwritten note at her desk which stated that a "bullet was waiting for" her. During her evidence in chief before the tribunal, Mengo had also testified that she had received threats shortly after laying her complaint against the senior judge. While the tribunal is expected to sit again from 30 June, it's expected that the panel will be mindful of this. The matter has been escalated to the Office of the Chief Justice and law enforcement authorities.
Daily Maverick
3 days ago
- Politics
- Daily Maverick
Judge's sexual harassment hearing pits the old guard against a brave new world
The prolonged Judicial Conduct Tribunal probe into a complaint of sexual harassment lodged against Eastern Cape Judge President Selby Mbenenge (64) is drawing to a close. Gender expert Dr Lisa Vetten is expected to give evidence on the nature of the power dynamics in this case on 20 June. The complainant, Andiswa Mengo (41), worked as a judge's secretary in the division. It took three years for the complaint to reach the tribunal. In June 2023, a preliminary Judicial Conduct Committee hearing found a prima facie case of gross judicial misconduct and recommended the appointment of the tribunal. The tribunal's chairperson, retired Judge Bernard Ngoepe, has made no secret of his need to fully understand the new language of texts and emojis and its subtexts of bananas, eggplants, dripping syringes and ripe peaches. Ngoepe has not been shy about asking how this modern technology all works. In so doing, he has also educated many of those watching the hearings livestreamed on several platforms who are lay users and need just as much educating. At first Ngoepe was of the opinion the hearings should not be public because they would tarnish the image of the judiciary, but the opposite is true. He also has to determine whether the relationship could have been consensual, as alleged by Mbenenge, who has admitted to the relationship but denied many of the allegations. The advocacy project Judges Matter has been at the forefront of documenting each step of the process and also set out what Ngoepe's options might be. Judges found guilty of misconduct face a range of potential outcomes, from minor corrective measures to impeachment. This is what happened to former Western Cape judge president John Hlophe, who was impeached in March 2024. The tribunal had ordered 'drunk driving' former judge Nkola Matata, who was also impeached at the same time as Hlophe, to pay a R1.5-million fine. According to Judges Matter, for less serious offences, punishments might include 'an apology, reprimand or corrective training, with the judge potentially paying for these measures'. A gross misconduct finding could lead to impeachment with the Judicial Service Commission recommending removal from office, requiring a two-thirds vote by the National Assembly. Clash of wor(l)ds Mbenenge's team of legal heavyweights, advocates Muzi Sikhakhane and Griffiths Madonsela, are old-style patriarchs who might view the entire matter as 'woke', but they are up against an equally pugnacious team. This includes the evidence leader, advocate Salomé Scheepers, and Mengo's counsel, advocate Nasreen Rajab-Budlender. What has played out at the tribunal since it kicked off in January is a microcosm of the greater clash between the old and the new, including the law and language and 'culture' itself. What has also been highlighted is the kind of professional conduct that is legislated and enforceable in the public workplace in South Africa. Some of the women who have testified and appear to have 'thrown' the male old guard include legal forensic linguist Dr Zakeera Docrat. She gave expert testimony with regard to the context of the WhatsApp messages between Mbenenge and Mengo, and the meaning of a range of emojis. The old boys had no idea whom they were dealing with and seemed startled to learn quite late into Docrat's testimony that she speaks, reads and understands isiXhosa. She had made no attempt to show this off. Then these guys wanted to know her 'route' to this 'legal forensic linguist' qualification. Where did she get this qualification? What is it actually? And so forth. Docrat had nothing to prove and rattled off her illustrious academic career, which includes the goal of ensuring justice is attainable for speakers of all 12 languages in South Africa. What to do? Sikhakhane and Madonsela objected to Vetten's late addition as an expert gender witness, claiming this was irrelevant and that the matter was too far down the line for new arguments. Ngoepe, aware that all eyes are on him and that the new territory here may make many feel out of their depth, allowed Vetten's evidence to be heard. The entire tribunal and the public nature of the hearing has highlighted the issue of sexual harassment of women in the workplace. But was Mbenenge's conduct so gross that it warrants impeachment? Mbenenge, as Judges Matter has noted, 'is highly regarded as a senior lawyer. As judge president, he is credited with transforming the Eastern Cape High Court division through unifying the disparate seats and attracting some of South Africa's finest legal minds to serve as judges of that court'. Mbenenge is the second-most senior judge president and the sixth-most senior judge in judicial leadership in South Africa. This is the first major case of sexual harassment to reach the formal complaints process of the Judicial Service Commission and the first time a judge is being formally investigated by a tribunal for sexual harassment. DM This story first appeared in our weekly Daily Maverick 168 newspaper, which is available countrywide for R35.
Daily Maverick
13-05-2025
- Politics
- Daily Maverick
Judicial Conduct Tribunal highlights contested gendered and cultural understandings of emojis
Complicating matters at the hearing are completely divergent understandings of a range of emojis, from eggplants to peaches, from a dripping syringe to 'pervy' eyes, that shot between the Judge President and the legal secretary. Much is invested in the process and outcome of the Judicial Conduct Tribunal of Judge President of the Eastern Cape, Selby Mbenenge. This week, postponing the tribunal until 30 June, the chair, retired judge Bernard Ngoepe, repeated evidence leader advocate Salomé Scheepers' statement at the start of proceedings in February that the matter was 'unprecedented in the history of South Africa'. The complainant, 40-year-old legal secretary Andiswa Mengo, has accused the head of the Eastern Cape Division, Judge President Selby Mbenenge, 63, of sexually harassing her in a series of WhatsApps in 2021. At her side is formidable advocate Nasreen Rajab-Budlender, while Mbenenge has advocates Muzi Sikhakhane and Griffiths Madonsela in his corner. Both men, too, are formidable, but in quite a different fashion. Complicating matters are completely divergent views on gendered, linguistic and cultural understandings of a range of emojis, from eggplants to peaches, from a dripping syringe to 'pervy' eyes, that shot between the Judge President and the legal secretary. Power dynamics Most professional workplaces in South Africa have protocols and principles governing the role of leadership in hierarchical structures. This is something Rajab-Budlender has pointed out from the start. Yet this obvious power imbalance appears not to have moved Mbenenge's legal representatives, who have argued that Mengo had agency. They objected to proposed evidence to be presented by gender expert Dr Lisa Vetten, questioning its relevance. On Tuesday, Ngoepe ruled that Vetten would be allowed to testify and that he would 'rather err on the side of caution'. The tribunal could decide afterwards whether it was indeed relevant, he said. Language in pictures Last week, forensic linguist Dr Zakeera Docrat gave expert testimony with regard on the contexts of the WhatsApps between the Judge President and Mengo and the meaning of emojis. The YouTube transmissions of the tribunal have been marked 'GRAPHIC CONTENT' as a pre-warning to those watching the live proceedings online. Docrat had testified that Mbenenge's use of a banana, peach, eggplant and dripping syringe emojis had 'sexual connotations' and indicated that he wanted to be intimate with her. 'This was not a discussion about vegetables.' Docrat, who speaks, reads and understands isiXhosa, testified that Mbenenge's advances were unwanted and Mengo's responses – often featuring 'hysterical laughing' and 'embarrassed monkey' emojis – were because she did not know how else to react to his advances as he was her boss. Mbenenge, through his counsel, has admitted sending some of the messages and claims the relationship had been consensual. However, he has denied sending her a picture of his penis or asking her for oral sex in his chambers. The outcome of this tribunal will send a message to women and men about working rights in professional circumstances. In a country plagued by misogyny and patriarchal proprietary inclinations, the ruling must protect those with less agency. DM
IOL News
13-05-2025
- Politics
- IOL News
Judicial Conduct Tribunal postpones hearing for Judge President Selby Mbenenge
Judge President Selby Mbenenge is accused of sending complainant Andiswa Mengo untoward WhatsApp chats over an extended period. JP Mbenenge is accused of sexual harassment and misconduct. The Tribunal hearing has been postponed. Image: Office of the Chief Justice The Judicial Conduct Tribunal dealing with sexual harassment and misconduct complaints against Eastern Cape High Court Judge President (JP) Selby Mbenenge has hit another delay after proceedings were postponed on Tuesday. JP Mbenenge is accused of sending complainant Andiswa Mengo untoward WhatsApp chats over an extended period and in one incident it is alleged the he asked Mengo to engage in a sexual act in his chambers. Mengo lodged the complaints in December 2022. On Tuesday morning the hearing was scheduled to deal with the testimony of gender expert Lisa Vetten but following a discussion in chambers, retired Justice Bernard Ngoepe announced that the Tribunal would be postponed to allow Mbenenge's legal team to properly prepare. This followed after Ngoepe made a ruling that they, erring on the side of caution, would allow the testimony of Vetten to be heard and would later decide the relevance of it. Mbenenge's legal team objected to Vetten going ahead with her testimony on the grounds that the summary of her evidence was not delivered on time. The matter was set down for further Tribunal hearing from 30 June to 11 July. Andiswa Mengo Image: Office of the Chief Justice Making the ruling, Ngoepe said: 'We should rather allow evidence, even though there are arguments about its relevance, allow it nevertheless to be given. We allow it to be given because we are confident that if it is irrelevant, we will be able to hold accordingly at any time, even at the end of that evidence, we will say that it is irrelevant and put it aside. 'Contrast that with a situation where you exclude evidence which might well be relevant and material. We think in that case, we would have erred. Our resolve is that we should allow her to give her evidence and there would be no prejudice to anybody,' said Ngoepe. Up to this week, the Tribunal has heard the testimony of a number of witnesses called by evidence leader, Salome Scheepers and which had to be tested by both counsel to Mengo and Mbenenge. This included the testimony of former Judicial Service Commission secretary Kutlwano Moretlwe's version of events, which, in part, dealt with the misplaced initial sexual harassment complaint. The initial complaint was handed to the former Chief Justice Raymond Zondo on December 12, 2022 however, according to Moretlwe, this complaint was misplaced and Zondo had contacted Moretlwe to inform her of the incident. Another witness, forensic and legal linguist and researcher, Dr Zakeera Docrat, confirmed that the context in which emojis were sent to Mengo by JP Mbenenge depicted sexual acts. A colleague of Mengo, Ntomboxolo Jobela testified that Mengo confided in her about the messages sent to her by JP Mbenenge and shared with her the explicit pictures she had allegedly received from him. [email protected]
Daily Maverick
11-05-2025
- Entertainment
- Daily Maverick
The age of unsolicited dick pics and a long history of phallic exhibitionism
As we pulled up to the stop sign near their primary school, my two young daughters noticed graffiti sprayed on a vibracrete wall surrounding the corner house. 'What's that?' asked our oldest, who must have been about 10 at the time. A bold, huge, cartoonish erect penis and hair-speckled balls stood out in black against the grey. Conjure Jeff Bezos's New Shepard rocket that shook the Earth for the threesome of singer Katy Perry, Bezos's fiancée, Lauren Sánchez, and Oprah's bestie, Gayle King, and you get the picture. After explaining it was a penis, it became slightly trickier to answer my daughter's follow-up question. 'Why?' I chose the simple route. 'Because they can.' The judge and the dick pics A Judicial Conduct Tribunal continued to hear evidence last week regarding sexual harassment claims that have been brought against Eastern Cape Judge President Selby Mbenenge. As evidence leader Salomé Scheepers has reminded the tribunal – chaired by retired Judge Bernard Ngoepe – never before has a sitting judge president been subjected to a Judicial Conduct Tribunal on charges of sexual harassment. Judge Mbenenge is accused of sexual harassment by Andiswa Mengo (40), a court secretary in the Eastern Cape division. Mengo has claimed that among the barrage of inappropriate WhatsApps was one containing a photo of the judge president's 'private parts'. Judge Mbenenge has admitted to 'consensual' conversations with Mengo, but denied exposing his erection to her in his chambers or sending her the photograph. A digital forensic analyst, Francois Moller, testified this week that he could not find forensic evidence that Mbenenge had sent a photo of his penis. Moller told the tribunal he had analysed two cellphones, Mbenenge's and Mengo's. Although Mbenenge's phone had been wiped clean of all messages, hundreds remained on Mengo's device. Why? Moya Sarner, writing in The Guardian in 2019, asked exactly this question, as more and more women dating online were complaining that men were sending them images of their genitals. Whoever saw it will never forget the WhatsApp that former minister of many departments Malusi Gigaba shared, which darted around the satellites and the internet like a non-fungible porn token. Sarner quotes Leah Holroyd and her experience with a potential online partner, who at first shared many of her literary and other interests, only to post an explicit photo just before they were due to meet. This is a worryingly common experience in that neck of the woods, according to a 2018 UK YouGove poll, which found that four in 10 women between 18 and 36 had been targets of unsolicited explicit images. 'Nor does this just happen through online dating. Some men have used the AirDrop function on their Apple devices… to send unsolicited pictures to women,' wrote Sarner. The problem had become so widespread that MPs and campaigners were calling for a law targeting 'cyberflashers'. The law of the lingam In India you will encounter the lingam, a phallic symbol representing the god Shiva and his 'generative power'. The lingam is not a lone ranger like in the West, but is often paired with the yoni, its feminine counterpart iconograph. The Greeks were big on phallophilia and held ceremonies with processions of phallic symbols. The Egyptians often depicted the god Min with a large erect penis symbolising power and fertility. The Christians were responsible for erasing images of erect penises from society by depicting the devil with a large dong, tempting men into sin. This association led to the suppression of phallic symbols. Another UK survey in 2019, on the online dating site revealed that 47% of the men who took part admitted to sending explicit images of themselves, believing it 'to be a genuine form of courtship'. The Journal of Sex Research found that 'the technological revolution affords great anonymity, a condition which increases the likelihood of engagement in sexualised behaviours, especially for men'. Researchers had discovered that 'men tend to overestimate women's interest in receiving nude imagery based on their own receptivity in reversed roles'. The tribunal into the sexual harassment charges against Judge Mbenenge last week went to great lengths to decipher the deeper meaning of a series of emojis in the build-up of the judge's alleged grooming of Mengo. Judge Mbenenge's significant position of power and alleged abuse of it in the workplace have been the thickest thread in the sordid and shameful tale unfurling at the Judicial Service Commission tribunal. DM This story first appeared in our weekly Daily Maverick 168 newspaper, which is available countrywide for R35.
