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IOL News
3 days ago
- Politics
- IOL News
Zintle Nkqayi's testimony sheds light on sexual harassment allegations against Judge President Mbenenge
Judges' Secretary Zintle Nkqayi will enter her third day of testimony on Thursday before the Judicial Conduct Tribunal against judge president Selby Mbenenge, who faces sexual harassment charges. Image: Supplied / Judicial Conduct Tribunal Judges' Secretary Zintle Nkqayi will enter her third day of testimony on Thursday before the Judicial Conduct Tribunal against judge president Selby Mbenenge who faces sexual harassment charges. Nkqayi, who first worked as a stenographer in Bisho before being transferred to work as Mbenenge's secretary from 2020, is the first witness called by JP Mbenenge's legal team. During cross examination on Wednesday, Nkqayi spoke of a hugging incident, where sexual harassment complainant Andiswa Mengo is alleged to have seen JP Mbenenge hugging a court manager in his chambers on 28 May 2021, saying that it 'could be something that is not true'. According to Nkqayi's testimony, when questioned by advocate Muzi Sikhakhane, she affirmed that it could have happened that Mengo witnessed the hugging incident when she 'popped her head in the office'. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Next Stay Close ✕ The Tribunal also heard that Nkqayi left her job as a secretary in April this year due to a toxic work environment following JP Mbenenge's departure. According to Nkqayi, she made the decision to leave her job owing to ill-treatment at the office which could result in her becoming depressed and potentially ending up in a mental institution and she made the choice to leave 'before it came to that point'. Nkqayi, undergoing cross examination by senior state Advocate Salomé Scheepers, evidence leader for the Tribunal, was grilled about her meticulous recollection of 14 November 2021. Nkqayi said she had noted the events in her diary and 'from memory, my memory is fine'. The date relates to the day Mengo alleged she was in JP Mbenenge's office, where he made a sexual harassment advance to her, asking her to perform oral sex on him in his chambers. According to Mengo, JP Mbenenge told her to look at the effect she has on him and showed her his genitalia. It is Mengo's version that she then declined and left the JP's chambers. This week, Tribunal chairperson, retired judge Bernard Ngoepe, denied the application brought by Nasreen Rajab-Budlender on behalf of her client Mengo to question the witnesses set to be brought by JP Mbenenge's legal counsel. JP Mbenenge will be one of the four witnesses to state his case at the Tribunal. Cross-examination by evidence leader Scheepers will continue tomorrow.


Daily Maverick
3 days ago
- Daily Maverick
Mbenenge referred to female staff as ‘big girls', ‘children', often commenting on their appearance, tribunal hears
On Wednesday, 2 July 2025, giving evidence in favour of Eastern Cape Judge President Selby Mbenenge, who is accused of sexual harassment by court secretary Andiswa Mengo, was fellow court secretary Zintle Nkqayi. Nkqayi — who later unexpectedly revealed she had left the division in April 2025 as she feared she would end up in a 'mental institution' because of 'depression' — testified that the judge president was in the habit of addressing female staff as 'big girls' and 'children'. Nkqayi, who first worked as a stenographer in Bisho before being transferred to work as Mbenenge's secretary from 2020, said the judge president also regularly commented on women's appearance. Asked by Mbenenge's legal representative, advocate Griffiths Madonsela, whether this was 'unusual', Nkqayi replied 'he did this to everyone' and that this was merely his characteristic way of interacting with staff. It is not clear whether 'everyone' included young men or men who worked under Mbenenge in the division. No questions Late on Tuesday, after the announcement by advocate Muzi Sikhakhane that his client, Mbenenge, would be testifying after evidence by two court secretaries, the tribunal chairperson, retired Gauteng judge president Bernard Ngoepe, ruled there would be no cross-examination of Nkqayi by Mengo's legal team. Mbenenge has not denied the relationship with Mengo and has insisted it was consensual. However, this week renowned gender-based violence and sexual harassment expert Lisa Vetten testified as an expert witness and concluded from the 47 conversations that had taken place that the relationship had been coercive and unwanted. Mbenenge, she said, had not been able to take 'no' for an answer. Later, Sikhakhane suggested that Vetten had been unable to grasp the isiXhosa 'cultural' nature of the judge president's 'courting'. Vetten had earlier testified that labour laws governing the workplace sought precisely to prevent the kind of blurring of boundaries between those in power and those who were not. She said that should a relationship occur within a workplace, it had to be declared so as to prevent a spiralling of possible resentments among other employees with regard to favouritism and various other perks. Nkqayi's surprise admission that she had left the division as she had feared for her mental health resulted in Ngoepe calling for a break and for the evidence leader, Salomé Scheepers, to consult with Mengo and Mbenenge's teams. 'Girls and their moods' On Wednesday, the tribunal heard that Nkqayi was in her office one morning when a Ms Gugushe, also a secretary, popped in around teatime. Mbenenge exited his office and stood in the doorway interlinking their offices. 'Ms Mengo was passing by whilst the judge president was having a conversation with Ms Gugushe, asking how she was.' Mengo had passed by and greeted them all, but Mbenenge called her back. 'He said to her, 'What is this, big girl? Why are you wearing a curtain today?' and he went further to say, 'Do you see how other children are, they are dressed well.'' The judge president had been referring to Nkqayi and Gugushe. Missing evidence Earlier in the year, the tribunal heard that crucial CCTV footage, which would back the claim by Mengo that Mbenenge had summoned her to his office on 15 November 2022 and had asked her for oral sex, had gone missing. Prabagaran Naidoo, the director of facilities and security at the Office of the Chief Justice, previously entered the footage into the tribunal. He was unable to explain, however, how footage from the date that Mengo claimed Mbenenge had 'pointed to his erection in his trousers' was missing. Naidoo testified that he had been contacted by the Mthatha court manager in either November or December 2022 and had been told that 'a senior judge' had requested to view the CCTV footage. This he had been allowed to do by the control room operator. However, as it might be required in future, Naidoo instructed that the footage be downloaded onto a computer hard drive before it was overwritten. It was almost a year later, in October 2023, that he had instructed this to be transferred to a memory stick and couriered to his office. The memory stick contained footage from 14 and 16 November, but that of 15 November was 'missing'. Asked by Mengo's legal representative, advocate Nasreen Rajab-Budlender, what had happened to the 15 November footage, Naidoo replied: 'I can't say.' Rajab-Budlender, at the time, was on record as saying that the judge who had viewed the footage was Bantubonke Tokota, who had made a statement about this. 'Judge Tokota says he viewed footage from 14 and 15 November. He said there was nothing worth mentioning about the 14th because it had nothing to do with the rumours regarding the 15th. 'On the 15th, he saw Mbenenge arrive and leave chambers with his bag. He said there was no sign of Mengo entering his chambers. But we have not seen that today,' she said. Judge Tokota had not followed protocol in requesting access to the footage through the court manager, Naidoo confirmed. The tribunal continues. DM


Eyewitness News
3 days ago
- Politics
- Eyewitness News
Mbenenge's former secretary disputes claims he tried exposing his manhood to Mengo
JOHANNESBURG - Former secretary to Eastern Cape Judge President Selby Mbenenge has disputed the allegation that the top judge tried to expose his manhood to High Court secretary Andiswa Mengo in November 2022. Zintle Nkqayi is testifying before the Judicial Conduct Tribunal sitting in Sandton, where she is being probed on the events of 14 November 2022. ALSO READ: - Mbenenge tribunal: Mengo's WhatsApp messages again become subject of scrutiny - Mbenenge's legal team accuses gender expert of omitting texts sent by Mengo - Mbenenge tribunal: Sikhakhane argues cultural, linguistic nuances important in analysis of person's actions Mengo, who accuses Mbenenge of making unwanted sexual advances towards her between 2021 and 2022, alleged that the judge president requested that she perform a sexual act on him on the day in question. Nkqayi is the first witness to be called in defence of the judge who denies the allegation. Mengo in January testified that Mbenenge summoned her to his chambers on the afternoon of 14 November 2022, pointed her attention to his pants, and asked her to perform a sexual act on him. But the Nkqayi has a different version of events. Nkqayi alleged that the judge president went to the bank and delivered a lecture that afternoon. 'He came back, if I were to estimate, around 15:30. He mentioned that at the place where he went to have lunch, he discovered that his bank card had a problem, then he, thereafter, decided to proceed straight to the bank. Then at about, I think 16:15, the time has now come where he has to proceed to the lecture.' Nkqayi poked more holes in Mengo's testimony. Mengo earlier alleged that Nkqayi left the court building before her on the day. However, looking at the court register before the tribunal, Nkqayi said Mengo left at 4:30 pm, while the register indicates that she left around 4:41.