WATCH: Emojis bone of contention at Mbenenge’s sexual allegations tribunal

The use of emojis between Eastern Cape Judge President Selby Mbenenge and High Court judges’ secretary Andiswa Mengo continues to remain in sharp focus.

The Judicial Conduct Tribunal is sitting for a third day in Sandton as it looks into allegations of sexual harassment against Mbenenge.

While emojis’ deeper analysis could be meaningless to some, the tribunal’s contention is that it forms the bulk of the evidence in deciphering the interpretation of emojis and what they could’ve meant in the context of the conversation between Mbenenge and Mengo.

Sexual connotation

Mengo alleged that she received the emojis from Mbenenge with the intention to convey a message that had a sexual connotation to it.

She argued that when she responded with her own emojis, she was laughing off Mbenenge’s advances and trying to minimise the severity of the situation that she alleges she was facing at the hands of the top judge.

Mengo responded with laughing emojis and said, “She has no answers” when Mbenenge asked if she preferred friendship instead of a sexual relationship with him.

In another WhatsApp message, Mengo used a winking emoji when the judge president said she should keep looking after herself when she indicated that she was frequently in the gym.

ALSO READ: WATCH: Mbenenge emojis showed ‘agreement and warmness’ – expert

Forensic and legal linguist

Given the dispute between the duo over what the emojis could be interpreted as, forensic and legal linguist, Dr Zakeera Docrat, took to the stand on Tuesday to analyse the emojis with the text messages.

Docrat faced cross-examination from Mbenenge’s attorney, Advocate Griffiths Madonsela, about her interpretation of a peeled banana, peaches and an eggplant, which she had said had a sexual connotation.

WATCH: Dr Zakeera Docrat’s interpretation of emojis

[WATCH] Adv Griffiths Madonsela cross-examines linguistics expert Dr Zakeera Docrat on emojis exchanged between Eastern Cape Judge President Selby Mbenenge and High Court secretary Andiswa Mengo. #Newzroom405 pic.twitter.com/zbGVw34laU

— Newzroom Afrika (@Newzroom405) May 7, 2025

Peeled banana

In one instance, the judge president allegedly sent a peeled banana and an acronym to Mengo, which related to a sexual act.

In her analysis, Docrat stated that at first glance, a banana refers to a fruit that has been peeled. But in the context that she saw it in the text messages between the duo, it referred to a sexual act.

Docrat analysed text messages and the emojis exchanged between the junior clerk and the Eastern Cape’s top judge during 2021 and 2022.

‘Wink emoji’

Docrat told Madonsela that the consistent use of the wink emoji can be interpreted as a flirtation between Mbenenge and Mengo.

“Chair, when I testified yesterday, I explained that each emoji has a specific meaning, but it would be context-specific in how we interpret it. So, I would agree that my interpretation to say this was agreement, the winking face emoji was agreement with warmth and affection, which would correlate with the keywords prescribed by the Unicode.

“The Unicode document that I have in front of me … Chair, you will see that it says other keywords, and these emojis, as I understand it and from the research that I’ve conducted, need to be interpreted within the context of which it’s being applied,” Docrat said.

[WATCH] Linguistics expert Dr Zakeera Docrat tells Adv. Griffiths Madonsela that the consistent use of the wink emoji can be interpreted as a flirtation between Judge Mbenenge and Mengo. #Newzroom405 pic.twitter.com/cSg5aCjNfp

— Newzroom Afrika (@Newzroom405) May 7, 2025

Consistency

Madonsela then asked Docrat if the meaning she attached to the emoji was consistent with the words associated with Unicode.

“It’s consistent with the wink and the winking,” Docrat said.

Madonsela pushed Docrat to clarify whether “the winking” was consistent with the judge president understanding that it meant “amusement” or rather being amused with the conversation?

“No, it means agreement,” Docrat replied.

ALSO READ: No forensic evidence Mbenenge sent penis pic to junior clerk [VIDEO]

Emoji interpretation

Madonsela, however, did not agree with Docrat’s interpretation of the wink emoji.

“There seems to be some divergence of views about what it means. The point I’m highlighting is that it means different things to different people. It means something else to you, it means one thing to the JP, and it means something else to the complainant”.

Mandonsela argued that an expert analysis cannot trump an individual’s intention when they send a particular emoji and the message that they tried to convey.

Sexual harassment

Mbenenge is accused of sexually harassing Mengo after he allegedly sent her a series of WhatsApp messages of a sexual nature, accompanied by unsolicited “crude pictures,” – some of which depicted people having sex, which she said he later deleted.

While Mbenenge has admitted to “consensual” conversations with Mengo, he has vehemently denied sending sexually explicit pictures to her.

ALSO READ: Mbenenge allegedly propositioned secretary for sex, sent explicit picture [VIDEO]