Ntomboxolo Brenda Jobela told the tribunal that Mengo had forwarded her images she claimed were sent by a judge, including one depicting male genitalia.
Ntomboxolo Brenda Jobela from the Gqeberha High Court gave testimony in relation to the complaint before the Judicial Conduct Tribunal. Picture: X/Judiciary
The Judicial Conduct Tribunal has heard how High Court secretary Andiswa Mengo told a colleague she was being abused by a judge who was a “father figure”.
The tribunal is hearing sexual harassment allegations brought by Mengo against Eastern Cape Judge President Selby Mbenenge.
Mengo filed the complaint against Mbenenge, stating that his unwanted sexual advances made towards her between 2021 and 2022 were unwelcome.
During Thursday’s proceedings, Gqeberha High Court secretary Ntomboxolo Brenda Jobela told the tribunal that Mengo had shown her images she claimed were sent by a judge, including an explicit photo of male genitalia.
Jobela said Mengo had not named the judge.
“I could not immediately at the time when I received the picture,” she said, noting how she could not immediately identify who the pictures belonged to at the time she received them.
“This is also because before she sent the picture, there was a message that she sent before sending the picture. I was also in a bit of shock after receiving the picture”.
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Evidence leader Salome Scheepers asked Jobela what message was sent before the picture was sent.
“She said there’s an older man or father who is abusing me. She then said he is sending me pictures, and what I hate is the fact that I am in the same age group as his children. She then sent the pictures that I mentioned initially.”
Jobela testified that there was also a message in which Mengo stated that she told the judge that he was “getting too familiar with me and that she was not that type of woman”.
“I asked her who sent these pictures to her. She said she would tell me when we meet.”
Jobela said she later asked Mengo: “Is this JP who is sending you these things?”, to which Mengo replied: “You do not disappoint.”
Jobela said one of the pictures was a screenshot of a “male organ” and another seemingly downloaded from the internet of a naked white couple, while the third was of a leg, covered with dark striped pants with a pointy shoe visible.
She said it had been taken in an office which she later recognised as Mbenenge’s office at the Makhanda High Court.
On Tuesday digital forensic expert Francois Moller testified before the tribunal that no evidence of the “penis picture” could be found on Mengo’s cellphone.
Cross-examined by Mbenenge’s advocate Griffiths Madonsela, Jobela said that she was only confirming that Mengo had sent the pictures to her.
While Jobela could not confirm the date of the pictures, she conceded it could have been in late November 2022.
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Earlier in the proceedings ,Abongile Tshete, a judge’s secretary based in Makhanda, told the tribunal that Mbenenge had asked him to approach Mengo, who was a friend and colleague, to set up a meeting to discuss Mengo’s allegations, which she had by then made public.
While Mbenenge has admitted to “consensual” conversations with Mengo, he has vehemently denied sending sexually explicit pictures to her.
The tribunal resumed with former Judicial Services Commission (JSC) Law advisor Kutlwano Moretlwe wrapping up her testimony.
Moretlwe helped Mengo file her complaint against Mbenenge.
She insisted that Mengo had a copy of the complaint on her laptop, which Mengo denies, as stated by her counsel, Advocate Nasreen Rajab-Budlender.
“Ms Mengo disputes that she had her laptop with her on the 7th and 8th of December [2022] when she came to Johannesburg. And she disputes that she typed any part of that complaint”.
Jobela responded saying: “That is not correct. She had her laptop as I’ve indicated because she said that she’s going to work. She brought it so that she can finalise a judgment that she was working on”.
Rajab-Budlender was not satisfied.
“Ms Moretlwe, I must tell you that I find your evidence concerning and I will argue that your version should not be accepted, particularly as it relates to Ms Mengo”.
Moretlwe responded with: “I have no comment”.
Mengo was visibly emotional and even crying during proceedings.
After three days of detailed testimony from digital forensic analyst Francois Moller, who examined two mobile devices, and forensic and legal linguist Dr Zakeera Docrat, who analysed the use of emojis, Moretlwe became the third witness to testify before the tribunal about what transpired when Mengo lodged a complaint against Mbenenge.
The tribunal resumes on Friday.
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