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HomeGeneralComplainant Admits to Omitting WhatsApp Evidence in Judge Mbenenge Case

Complainant Admits to Omitting WhatsApp Evidence in Judge Mbenenge Case

Johannesburg – In a dramatic turn of events at the Makhanda High Court, the woman accusing Eastern Cape Judge President Selby Mbenenge of sexual harassment has admitted under cross-examination that she left out key WhatsApp messages from her complaint—messages that suggest she was a willing participant in their exchanges.

Under questioning by Advocate Muzi Sikhakhane SC, the court heard that the complainant, Ms. Mengo, failed to include messages she had sent to Mbenenge, including flirtatious texts and suggestive photos. This contradicts her earlier testimony over the past seven days, in which she claimed she was “disgusted” by the judge’s advances. One of the messages she sent to Mbenenge read: 🙈🙈🙈hlala ubawa…I Like it like that kwenzele ufike unomdlaaaaaaa”.

Key Evidence Challenged

In another major revelation, Sikhakhane stated that the widely circulated image of male genitalia—central to the harassment claims—was never retrieved from either Mbenenge’s or Mengo’s phone. The defense argued that this infamous picture, which had fueled the allegations against the judge, was a fabrication.

“Our forensic analysis of both phones shows that the picture was never exchanged between the parties,” Sikhakhane told the court. “It does not contain delivery ticks, nor does it indicate the sender’s identity. This will form part of our argument that the image was manipulated to falsely implicate the Judge President.”

These developments have significantly shifted the case, raising serious questions about the validity of the allegations.

Complainant Questioned on Inconsistencies

Sikhakhane further pressed Mengo on inconsistencies in her account. While she claimed she felt “disgusted and disrespected” by Mbenenge’s suggestive messages, her responses painted a different picture.

On June 18, 2021, after a series of sexual messages, Mbenenge allegedly asked Mengo at 4 a.m., “Ndiwrongo?”—which translates to “Am I wrong?” She replied, “Not at all.”

Sikhakhane challenged her on this, stating: “You are an adult, a divorcee, not a young girl. If you found these messages disgusting, why didn’t you say so when he asked you directly whether he was wrong?”

Mengo responded that she had remained silent in previous instances, hoping the judge would interpret it as disapproval. However, Sikhakhane countered that her explicit response contradicted this claim.

What’s Next?

As the trial continues, all eyes are on tomorrow’s proceedings, where the court will hear testimony about the alleged incident in Mbenenge’s Mthatha office, where he is accused of exposing himself to Mengo. With the credibility of key evidence now in question, the case has taken a dramatic turn, and the outcome remains uncertain.

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