During the Judicial Conduct Tribunal proceedings, Advocate Muzi Sikhakhane, representing Eastern Cape Judge President Selby Mbenenge, challenged the credibility of the sexual harassment allegations made by Andiswa Mengo. Sikhakhane suggested that Mengo's failure to explicitly communicate her disapproval of Mbenenge's alleged behavior could be interpreted as consent. He highlighted instances where Mengo's responses to Mbenenge's messages did not convey the "disgust" she claimed to have felt, implying that her interactions were consensual.
Furthermore, Sikhakhane argued that Mengo had omitted from her initial complaint several messages in which she reciprocated with unambiguous sexual innuendo. He contended that this selective disclosure was intended to portray Mengo as the "good person" and Mbenenge as the "bad person."
Mengo, a secretary in the Makhanda High Court, has accused Judge President Mbenenge of making unwarranted sexual advances towards her at work and via WhatsApp. The tribunal continues to examine the nature of their interactions to determine whether they were consensual or constituted sexual harassment.
The outcome of this tribunal holds significant implications, as Judge President Mbenenge is the first judge in South Africa to risk impeachment for sexual misconduct. The proceedings aim to establish the facts surrounding the allegations and ensure accountability within the judiciary.