Mbenenge testifies syringe emoji sent to Mengo was medical after conceding it could be viewed sexually

He was being cross-examined on Wednesday before the Judicial Conduct Tribunal in Sandton, Johannesburg, in the continued misconduct probe against him.

Eastern Cape Judge President Selby Mbenenge has changed his tone, testifying that the emoji of a syringe he sent to High Court secretary Andiswa Mengo was purely medical after conceding that it may be viewed as a male private part.

He was being cross-examined on Wednesday before the Judicial Conduct Tribunal in Sandton, Johannesburg, in the continued misconduct probe against him.

Mengo had told the judge that she had been booked off sick due to stress and Mbenenge responded, saying he would give her a boost and inserted the emoji.

The top judge is accused of making unwanted sexual advances towards the junior staffer between 2021 and 2022.

Mbenenge and Tribunal chairperson, retired Judge President Bernard Ngoepe on Tuesday interacted over an emoji of a syringe that he sent to Mengo in July 2021, with the chairperson asking, “Counsel is asking you, with this symbol of an injection, could it be that you meant penis?”

“That’s exactly,” Mbenenge replied.

Ngoepe asked, “Did you mean that?”

“Yes. I, I could mean that,” said Mbenenge replied.

Experts had previously testified that this was meant to depict the male private part as Mbenenge used it in the middle of sexual conversations between himself and the complainant.

On Wednesday, during cross-examination, the judge president said it was purely medical.

“It has got a medical connotation. This is medical. It had to do with a boost in the context of our discussion. I would’ve loved to see her well, anyway.

“It was an expression of sympathy to somebody who is not well. I could’ve put tablets or whatever else but there it is. It’s staring at us.”

The tribunal has adjourned with cross-examination expected to be concluded on Friday.