Makhanda, Eastern Cape – Andiswa Mengo, the judge's secretary who has accused Eastern Cape High Court Judge President Selby Mbenenge of sexual harassment, has received a chilling death threat at her workplace, raising serious concerns about her safety and the integrity of the ongoing Judicial Conduct Tribunal hearing her complaint.
Mengo discovered the handwritten note on her desk at the Eastern Cape High Court in Makhanda on Friday, 30 May. The Office of the Chief Justice (OCJ), Mengo's employer, has confirmed the threat and stated that she will be temporarily relocated to another court precinct while the South African Police Service (SAPS) investigates.
The note contained two alarming messages. On one side, it read: "Remember, one bullet is waiting for you." The other side issued a direct ultimatum: Mengo must withdraw her sexual harassment case against Mbenenge within one week of Friday, or she would "not see her child again."
Adding to the sinister nature of the threat, the author wrote: "Come season three, you will be destroyed." This is a clear reference to the upcoming third round of evidence at the Judicial Conduct Tribunal, which is currently deliberating on whether Mbenenge sexually harassed Mengo in early 2022. The third round of evidence is expected to be presented later this month.
Mengo's sexual harassment claim against Mbenenge, 64, has captivated the nation, with salacious testimony emerging over two weeks in January and another two weeks in May. The tribunal has heard details of online and face-to-face interactions between the judge president and Mengo, 41.
Mbenenge, through his legal representatives, has admitted to sending some sexually suggestive messages to Mengo but denies that they constitute sexual harassment. He has argued that their interactions were consensual.
Forensic and legal linguistic expert Dr Zakeera Docrat testified in May that Mbenenge used a variety of emojis, including "pervy eyes," a face licking its lips, peeled bananas, an eggplant, and a syringe image, to make suggestive overtures to Mengo.
Mengo has also testified about an alleged incident in November 2022, in which Mbenenge called her into his chambers at the Eastern Cape High Court in Mthatha and, while allegedly trying to unzip his pants, asked her "if I didn’t want to suck it". Mbenenge has denied this incident.
The OCJ, the government department responsible for supporting the High Courts and judiciary and employing Mengo, has confirmed receiving a report about the threat from Makhanda court officials. The matter has been reported to the SAPS for investigation.
The OCJ said in a statement that "The SAPS will undertake a threat and risk assessment in liaison with Ms Mengo and make a determination in this regard. Ms Mengo has agreed to be temporarily moved to a different working location while the SAPS investigates and assesses the risk."
The OCJ statement also confirmed that advocate Salomé Scheepers, the evidence leader of the Mbenenge tribunal, has been informed of the threat. When asked about the potential implications of the threat for the tribunal's work, the OCJ stated that only the tribunal chairperson, retired Gauteng judge president Bernard Ngoepe, could "make pronouncements regarding" the tribunal's processes.
Sources familiar with the Eastern Cape High Court in Makhanda have revealed that the security cameras in the building were not working at the time the threat was made. This raises concerns about the ability to identify who entered the office.
One source commented that if the cameras were not working, "it should have been a priority to fix them." The note was left in an office located within the judges' chambers, an area that typically has access control measures in place to restrict public entry.
This is not the first time that Mengo has been subjected to threats. In 2023, shortly after submitting her formal complaint, she was moved out of the province for her safety following an anonymous death threat received via cellphone.
Furthermore, an apparently fabricated affidavit, bearing the forged signature of Gauteng-based attorney Metse Reasoness Masina, circulated on social media, falsely claiming that Mengo had withdrawn her complaint against Mbenenge. Masina has denied signing the document.
In February 2024, Mbenenge laid a charge of criminal defamation against Mengo.
Neither a spokesperson for the Women's Legal Centre, which is representing Mengo at the tribunal, nor Mbenenge's attorney could be reached for comment on the latest development.
The death threat against Mengo raises serious questions about the safety and security of individuals involved in high-profile legal cases and the potential for intimidation and interference in the judicial process. The investigation by the SAPS is crucial to ensure Mengo's safety and to maintain the integrity of the Judicial Conduct Tribunal.
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