Nqkayi, who seemingly shared a great working relationship with the judge president, continued her evidence on Wednesday.
Eastern Cape Judge President Selby Mbenenge used to comment on everyone’s outfits at work, not just those of the secretary for the judges, Andiswa Mengo.
Mbenenge’s former secretary, Zinhle Nqkayi, on Wednesday continued her evidence at the Judicial Conduct Tribunal, which is investigating complaints lodged by Mengo against Mbenenge.
The judge has claimed that the sexual interactions between him and Mengo were consensual, while the latter alleges sexual harassment.
One of the days that features heavily in the tribunal is 14 November 2022. On this day, Mengo complained about Mbenenge’s comments about her outfit of the day.
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This is also the day that Mbenenge allegedly asked Mengo to “suck” his penis.
While Mengo testified that the outfit comment was not offensive, she found the ‘sucking’ incident offensive and harassing.
She alleged that Mbenenge called her into his chambers, showed her his pants, with an erect penis and said to her, “can you see the effect you have on me? Come and suck it”. She said she left the chambers at that point.
Mbenenge and Mengo’s light moment
Nqkayi said she witnessed the light moment in which Mbenenge commented on Mengo’s outfit.
“It was in the morning, I think around teatime. One of the judges’ secretaries arrived in my office, and the JP [Mbenenge] was in his office at the time. The JP came out and he stood by the door that interlinks our offices,” said Nqkayi.
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“Mengo was passing by while the JP was having a conversation with Ms Gugushe, asking as to how she was. Mengo passed by and greeted, and the JP called her, and she came into my office. The JP then uttered a statement, exclaimed and said, ‘What is it, big girl? Why are you wearing a curtain today?’ He then went further on to say, ‘Do you see how other children are dressed well?’ He was referring to Ms Gugushe and me, as we were standing by my table.
“Mengo responded and said, ‘I am not in court today, we are doing appeals’. Then JP went on further to ask, ‘Has your judge arrived?’ She responded and said yes. All this time, it was a laughing matter; we laughed, and then she walked off.”
Advocate Griffiths Madonsela, for Mbenenge, asked Nqkayi: “Was it usual for the judge to raise such issues?”
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“Yes, that is his daily talk. Yes, he is like that; he would even pass this comment to a lawyer who would be coming into his office. The first thing he will notice is how that particular person is dressed, even with myself, he will notice when I walk into the office and ask me, ‘Haibo, big girl, are you awake? Why do you still seem to be dressed in your sleepwear?” Nkqayi responded.
‘Toxic environment’
Nkqayi left her job in April 2025, citing that the working environment had become toxic following Mbenenge’s departure.
“I could no longer continue working under the circumstances since the JP left. The treatment was not good at the court, and as a result, I realised that I’m faced with depression that would result in me ending up in a mental institution. I decided I would rather be at home than allow the situation to push me to that extent,” she said.
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