The Judicial Conduct Tribunal has been hearing disturbing allegations of sexual harassment involving Eastern Cape Judge President Selby Mbenenge. Andiswa Mengo, his former clerk, has accused the judge of making unwanted advances toward her over a period of time, both in person and through WhatsApp messages, during 2021 and 2022.
Mengo, who initially engaged with Mbenenge’s conversations, claimed that as the nature of his messages became more intimate, she grew uncomfortable but feared losing her job due to his influential position. The allegations include claims that Mbenenge sent her explicit pictures and made inappropriate remarks about her appearance and voice.
According to Mengo, their first interaction occurred when Mbenenge contacted her to arrange a virtual court hearing. Later, she sought his counsel in an emotional state after an altercation with a court manager at the Makhanda High Court. This meeting led to a series of WhatsApp exchanges, where Mbenenge reportedly commented on how young Mengo appeared, even describing her voice as “childlike” and expressing fascination with her youthful appearance.
While Mengo found these comments unsettling, she chose not to react at the time. She explained to the tribunal that she tried to downplay her discomfort, reasoning that Mbenenge’s position of authority meant she could not afford to challenge him directly.
The situation escalated when Mbenenge asked Mengo to send him pictures of herself. Initially, Mengo did not respond to these requests, but Mbenenge persisted, sending more emojis, including ones that seemed to imply a desire for her to comply. Mengo eventually responded by claiming that she had deleted most of her photos from her phone, although she admitted to the tribunal that this was not true—she simply did not want to send him pictures.
The judge’s advances, both in tone and content, left Mengo feeling cornered and vulnerable, but she continued to respond, often with minimal engagement or by using emojis to deflect. She acknowledged that, despite the discomfort she felt, she believed she had no choice but to comply to avoid jeopardizing her job.
Mengo’s testimony has painted a troubling picture of a power imbalance, where she felt compelled to tolerate the harassment out of fear of professional repercussions. She will resume giving evidence on Tuesday as the tribunal continues its investigation into the conduct of Judge President Mbenenge.
