The sexual harassment tribunal involving Eastern Cape Judge President Selby Mbenenge has reached a critical stage, with closing arguments focusing on the nature of WhatsApp messages sent to court secretary Andiswa Mengo.
The Heart of the Matter: Cultural Practice or Harassment?
Mengo's lawyer, Advocate Nasreen Rajab-Budlender, vehemently argued that Mbenenge's claim that the sexually suggestive messages were part of Xhosa "cultural courting" is unfounded and constitutes sexual harassment. She stated that accepting this argument would imply that persistent badgering of a woman until she relents is permissible.
Evidence Presented to the Tribunal
The tribunal, led by retired judge Bernard Ngoepe, heard that Mengo accuses Mbenenge of sending numerous WhatsApp messages between 2021 and 2022. These messages allegedly included explicit emojis and requests for intimate pictures. Mbenenge admits to sending the messages but claims the relationship was consensual. He denies sending a picture of his penis or requesting oral sex in his chambers.
Mengo maintains that Mbenenge's advances were unwanted, and she felt shocked and frightened by the potential consequences of rejecting him outright. She explained her playful responses as attempts to distract and humor him. Rajab-Budlender emphasized that the record shows Mengo said "no" or indicated a lack of consent at least 13 times.
Implications for Future Cases
Rajab-Budlender highlighted the significance of this case, being the first time a judge faces sexual harassment charges. She believes the outcome will influence whether other women with legitimate claims will come forward in the future.
The tribunal is now tasked with determining the true nature of the messages and whether they constitute sexual harassment or a legitimate cultural practice, as Mbenenge claims. The decision will have far-reaching consequences for the legal profession and the broader understanding of sexual harassment in South Africa.