Mbenenge inquiry: “I was led on”, says Judge President

Court secretary Andiswa Mengo has accused Eastern Cape Judge President Selby Mbenenge of sexual harassment. Mbenenge told the Judicial Conduct Tribunal probing her allegations that she had “led him on”. Archive photo: Office of the Chief Justice

• Eastern Cape Judge President Selby Mbenenge, accused of sexual harassment by court secretary Andiswa Mengo, says he was “led on”.
• On Wednesday, he told the Judicial Conduct Tribunal that he should be judged only on whether his advances were wanted or unwanted and not on moral issues.
• He said he had never imposed himself as the Judge President in their exchanges, and she had never rebuffed him.

Eastern Cape Judge President Selby Mbenenge, who is accused of sexual harassment by court secretary Andiswa Mengo, said his guilt or otherwise had to be judged on whether his advances were unwelcome or welcome, and not on moral issues.

Under cross-examination before the Judicial Conduct Tribunal, which is probing the allegations, he said he was being asked questions “from a moral perspective”.

This was after evidence leader advocate Salome Scheepers referred to the fact that he had asked Mengo to delete the highly sexual WhatsApp messages they exchanged. Scheepers suggested this was because he realised it was “inappropriate”.

Mbenenge said that as consenting adults, they had agreed to delete the messages. He said from his side, it was because his family had access to his phone.

“I disagree that it was inappropriate. The issue here is whether my advances were wanted or unwanted. Let’s stay clear of moral issues. The standard is legal and objective and not based on morality or religious codes,” he said.

Mbenenge has previously acknowledged that he was intent on pursuing a relationship with Mengo and said the fact that he is married is “irrelevant”.

He has claimed that she never rebuffed him and her responses indicated “Ukumtsa” – translated from isiXhosa to mean “a pretence of shyness intended to be alluring”.

On Wednesday, he admitted to “crossing professional boundaries” but said he was behaving as a “social being”, not as a Judge President.

Referring to Mengo’s testimony that she felt deeply uncomfortable about him, as the Judge President, engaging with her in this way, he said, “I never imposed myself as the Judge President when I was talking to her. It was a social setup.”

Referring to the transcripts of the conversations, he said, “I don’t see anywhere where she is uncomfortable. And she did not give me any reason to understand otherwise. I was led on. I was never rebuffed.”

Scheepers put it to him that Mengo had seen things differently, that she had attempted to divert the conversations and had, at times “told him what he wanted to hear”, because he would not take no for an answer to his persistent questions.

Scheepers noted that in the very first conversation, initiated by Mbenenge in June 2021, he had asked for a photograph of Mengo.

Asked why, he said, “I was steering things in that direction. I had developed an interest in her.”

Scheepers said he had not established that she wanted this relationship.

He responded: “I haven’t read a book that says if you are interested, these are the steps you must take, you must buy her a chocolate or whatever. I have not been charged with flirting.”

If his advances were unwelcome, she should have said so, he said.

He claimed that he had “constantly read the room”.

Scheepers said during that first conversation he had asked for pictures 11 times - “and you even begged, saying “plz”.”

“She did not send you pictures, and you persisted,” Scheepers submitted.

Mbenenge said there was a difference between persistence and persuasion. Persuasion was more of a negotiation, which would not offend.

He then said he believed that Mengo had sent him a picture that night, but had deleted it.

Scheepers said, “You then escalated it to, she must remove the top part. That she must undress her upper body.”

When she did not send this picture, he commented: “robbed”.

Mbenenge equated it to a person wearing a jacket and being asked to take it off to “appreciate” their appearance.

“I was not denuding her. I wanted to see how she was made up.”

Scheepers said even suggesting this, in the absence of a personal relationship and in the presence of professional hierarchy, amounted to sexual harassment, especially since Mengo had not sent him the picture, despite repeated and persistent requests.

Mbenenge said, “I disagree … I did not persist. I was satisfied with her not doing it.”

Referring to messages on one day in which Mengo said “no” several times in response to his asking if they could be intimate at a proposed meeting in East London, Mbenenge said she had only been referring to that particular day, and he had not taken this as a rebuff.

She had ended that conversation with “bye”.

But Mbenenge had sent her another message, which he deleted.

This initiated a response of “Jesu” from Mengo. To which he replied, “Why put it this way, it’s delicious” and then, “yours please” with wide eye emojis.

Scheepers suggested it was likely that he had sent her pictures of either his own private parts or someone else’s.

“I didn’t do it. I did not have to do it. Beyond that, I can only speculate. It could have been a sensual picture, something juicy and I was asking her to send me something the same.”

He said “Jesu” was just an exclamation, like OMG, and did not necessarily have a negative connotation.

Cross-examination continues on Thursday.

More about Judge President Selby Mbenenge sexual harassment inquiry

• Judge Mbenenge inquiry: I wanted a romantic relationship 09 July 2025
• Judge Mbenenge inquiry: “It’s a campaign to shame me” 08 July 2025
• Mbenenge inquiry: Tribunal rejects “hearsay” statements about secretary’s life 05 July 2025

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