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HomeHeadlinesCross-Examination Begins in Sexual Harassment Case Against Judge President

Cross-Examination Begins in Sexual Harassment Case Against Judge President

The highly anticipated cross-examination of Andiswa Mengo, secretary to the Eastern Cape Judge Govindjee, commenced on Monday before the Judicial Conduct Tribunal. Mengo has accused Mbenenge of sexually harassing her between 2021 and 2022, claiming he sent suggestive WhatsApp messages, made inappropriate comments about her appearance at work, and engaged in multiple incidents of sexual harassment.

Advocate Muzi Sikhakhane SC, representing Mbenenge, argued that the interactions were a form of “consensual flirtation,” not harassment. He contended that Mengo had also sent Mbenenge sexually explicit messages, which she failed to disclose in her initial complaint. Sikhakhane emphasized that Mengo’s responses were inconsistent with someone who was “disgusted,” as she had described herself earlier in the proceedings.

Sikhakhane pointed out that Mengo’s omission of her own messages from the complaint appeared intentional, suggesting she was trying to portray herself as the “good person” while casting aspersions on Mbenenge as the “bad person.” He argued that flirtation was not inherently wrong, and that sexual harassment only occurred when behavior was unwanted, persistent, and demeaning.

During the cross-examination, Sikhakhane pressed Mengo on her failure to assert boundaries or express discomfort in response to Mbenenge’s advances, particularly in one instance where Mbenenge allegedly requested a sexually explicit act. Mengo initially said she disagreed with being described as inconsistent, but later conceded that she had not communicated her discomfort to Mbenenge.

The tribunal has also heard evidence in the form of screenshots from the WhatsApp exchanges, which Mengo previously submitted. Sikhakhane questioned why Mengo had responded to Mbenenge’s sexually suggestive comments if she felt harassed, and suggested that her responses indicated a level of complicity. He further accused Mengo of concealing parts of the conversations that reflected mutual flirtation in order to paint herself as a victim.

Mengo’s legal team, led by advocate Nasreen Rajab-Budlender SC, has framed the case as an important stand for women who suffer harassment, with Mengo saying her complaint was meant to encourage others to speak out. She described the difficulty of rejecting Mbenenge, noting his powerful position as head of the judiciary in the Province. Mengo explained that she responded to his advances out of fear for how it might affect her career, as well as a desire to maintain peace at the workplace.

Mengo’s legal team, led by Advocate Nasreen Rajab-Budlender SC, framed the case as a crucial stand for women who experience harassment. Mengo explained that her complaint was intended to encourage other women to speak out and assert their rights. She described the difficulty of rejecting Mbenenge, emphasizing his influential position as head of the judiciary in the province. Mengo further stated that she responded to his advances out of fear for her career and a desire to avoid conflict at work. This perspective was challenged by Sikhakhane, who accused Mengo of contributing to the objectification of women, a claim that sparked debate on social media. Some argued that if these accusations are proven false or fabricated, it would seriously undermine the broader fight for women’s rights.

The Tribunal proceedings are ongoing as both sides continue to present their cases.

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