The legal team representing Eastern Cape Judge President Selby Mbenenge has begun cross-examining linguistics expert Dr Zakeera Docrat in a high-stakes judicial inquiry that could test the boundaries of digital communication in the legal profession.
Dr Docrat previously testified that a series of emojis sent by Mbenenge via WhatsApp to High Court secretary Andiswa Mengo carried “sexual connotations,” forming part of the evidence in a misconduct investigation involving the senior judge.
The messages, which allegedly included suggestive symbols such as winking faces, kiss emojis, and others, are central to determining whether Mbenenge’s conduct breached judicial ethics or constituted inappropriate communication in a professional context.
During cross-examination, Mbenenge’s lawyers challenged the interpretation of the emojis, questioning the subjectivity of meaning and cultural nuances that could affect their understanding. “An emoji is not inherently sexual—context matters,” argued one of the defence attorneys.
Dr Docrat, a well-regarded linguistics and forensic language expert, stood by her analysis, stating that in this context, the combination and frequency of the emojis suggested flirtatious or intimate undertones.
The inquiry, which has drawn significant public interest, could set a precedent for how digital interactions—particularly those involving informal platforms like WhatsApp—are viewed within the judiciary and broader professional settings.
Neither Judge Mbenenge nor Ms. Mengo has publicly commented on the ongoing proceedings, but the inquiry continues to raise serious questions about boundaries, professionalism, and the evolving role of language and symbols in workplace communication.
