By Nomfumdo Mbatha
The meaning of text messages and emojis in WhatsApp has been made central to the Judicial Conduct Tribunal investigation into sexual harassment charges against Makhanda High Court Judge President Selby Mbenenge.
Forensic and legal linguist Dr Zakeera Docrat said Mbenenge used emojis carrying sexual undertones in messages to Andiswa Mengo, a 35-year-old High Court secretary, that Docrat interpreted as flirtation, desire and want.
The tribunal is reviewing a series of messages exchanged between Mbenenge and Mengo, including a conversation from July 2021. At the time, Mengo had been booked off sick and confided in Mbenenge about feeling stressed following an altercation with a court manager in the Eastern Cape division.
While the judge appeared to express concern, he also added, “I must come give you a boost,” followed by a syringe emoji. Docrat interpreted the use of the syringe as sexual in nature rather than medical.
“Given the context of the conversation, the syringe emoji here does not signify a medical injection,” she explained. “Instead, it carries a sexual connotation, referring to the penis.”
For example, Docrat said, “The word ‘intimate’ is followed by the eggplant and peach emojis. This suggests sexual intercourse. The eggplant emoji represents the penis, and the peach emoji symbolizes the vagina.”
Mengo filed a formal complaint against Mbenenge in January 2023. Mengo alleges that Mbenenge sexually harassed her over a period spanning June 2021 to November 2022. Primarily through a series of inappropriate and improper WhatsApp messages.
Earlier in the tribunal hearing, Mengo detailed the interaction between her and Mbenenge. Mbenenge’s legal counsel team led by Advocate Muzi Sikhakhane, sought to poke holes in her testimony, saying her responses did not suggest that she was unwilling to participate in the exchanges with Mbenenge. The messages, his counsel asserted, were clearly showing that they were consensual. They claim that Mengo also used sexual language and emojis and using a flirtatious tone.
One exchange cited by the defence involved Mbenenge asking Mengo if she “would make him cry” and Mengo replying, “Not at all”, followed by a kiss emoji. Sikahane argued that this and other responses, such as her using emojis and not directly rejecting advances, showed her consent.
Mengo has maintained that her responses were often attempts to avoid conflict or defuse the situation, not indications of consent. She testified that she was uncomfortable with the messages but felt pressured due to the judge’s position. In one exchange, she reportedly quoted scripture to try to shift the tone, using Psalm 1 verse 1 to respond to a sexual advance.
The hearing continues until 15 May.
