Overview
- Closing arguments concluded in Johannesburg as the tribunal chaired by retired judge Bernard Ngoepe adjourned to consider its findings in Andiswa Mengo’s complaint against Eastern Cape Judge President Selby Mbenenge.
- Evidence leader Salome Scheepers and Mengo’s counsel argued the case reflects abuse of positional power, citing sexually loaded messages with emojis, requests for nude photos and intimacy, and at least 13 instances where Mengo indicated refusal.
- The defence maintained the exchanges were mutual flirting within a consensual context, denied that an explicit photograph was sent or that oral sex was requested, and advanced a cultural-courting argument that the complainant’s side rejected.
- Ngoepe pressed both sides on whether an objective reading of the WhatsApp record shows unwanted advances, questioned witness credibility and discrepancies, and said the panel will decide strictly on the facts and the law.
- Scheepers challenged the defence expert’s emoji analysis and highlighted evidence that Mbenenge sought deletion of messages, while Mengo’s counsel said the outcome could shape how future harassment complaints in the judiciary are handled.