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Tribunal Reserves Ruling After Closing Arguments in Judge Selby Mbenenge Harassment Case

The panel now weighs allegations of coercive conduct versus a claim of consensual exchanges using contested WhatsApp records.

Overview

  • Closing arguments concluded in Johannesburg with the Judicial Conduct Tribunal reserving its findings and no verdict announced.
  • Evidence leader Salome Scheepers argued the case reflects abuse of power that undermined dignity and working conditions, urging a finding of gross sexual misconduct.
  • Counsel for complainant Andiswa Mengo, Advocate Nasreen Rajab-Budlender, said Mengo rejected advances repeatedly and counted roughly 13 instances of saying no.
  • Defence counsel Muzi Sikhakhane maintained the exchanges were mutual flirting that do not meet the legal threshold for harassment and denied any nude image was sent or requested.
  • Tribunal chair Retired Judge Bernard Ngoepe queried discrepancies affecting credibility, while Scheepers challenged defence expert Dr Vincent Mello’s ability to analyse emojis or trace the messages’ origin.