{"id":1421,"date":"2025-07-04T14:00:00","date_gmt":"2025-07-04T14:00:00","guid":{"rendered":"http:\/\/www.vecimasupport.com\/?p=1421"},"modified":"2025-07-08T00:11:14","modified_gmt":"2025-07-08T00:11:14","slug":"judge-presidents-emoji-expert-disputes-accusers-claims","status":"publish","type":"post","link":"http:\/\/www.vecimasupport.com\/index.php\/2025\/07\/04\/judge-presidents-emoji-expert-disputes-accusers-claims\/","title":{"rendered":"Judge president\u2019s emoji expert disputes accuser\u2019s claims"},"content":{"rendered":"

A defence witness told a judicial tribunal on Thursday that emojis exchanged in WhatsApp messages between Eastern Cape Judge President Selby Mbenenge and a junior legal professional were consistent with casual conversation, challenging claims that they were used to sexually harass<\/a> her.<\/p>\n

Information and communications technology expert Vincent Mello testified that the messages \u2014 central to a misconduct inquiry against Mbenenge \u2014 reflected standard emoji use, citing references from Unicode Consortium and Emojipedia. <\/p>\n

His analysis countered previous expert evidence which suggested the symbols were deployed with sexualised intent.<\/p>\n

Mello was called by Mbenenge\u2019s legal team to analyse disputed WhatsApp messages between the judge president and legal professional Andiswa Mengo, who has accused him of sending inappropriate messages of a sexual nature over WhatsApp.<\/p>\n

During the second sitting in May, linguistics specialist Zakeera Docrat testified that emojis had been used for non-standard purposes to depict sexual acts and as a means to sexually harass. <\/p>\n

Mello told the tribunal that his interpretation revealed the contrary and said his findings relied on the Unicode Consortium standards and Emojipedia, an online reference site that catalogues emoji definitions. His testimony suggested that the tone of the conversation was casual and mutually light-hearted, inconsistent with allegations of unwanted sexual advances.<\/a><\/p>\n

This contrasts with Mengo\u2019s own testimony, in which she described persistent late-night messages, requests for photos and a sense of pressure due to Mbenenge\u2019s powerful position. She said his messages were unwanted and inappropriate but she felt unable to challenge him.<\/p>\n

Under cross-examination by Mbenenge\u2019s counsel, Griffiths Madonsela, Mello said that in his analysis of the WhatsApp exchanges, he counted 189 emoji used \u2014 97 by Mbenenge and 69 by Mengo. <\/p>\n

He told the tribunal that the \u201crolling on the floor laughing\u201d emoji was used 27 times by Mbenenge and 28 times by Mengo. The \u201csee-no-evil monkey\u201d emoji was used 24 times by Mbenenge and 20 times by Mengo. The \u201cwinking face\u201d was used twice by Mbenenge and once by Mengo.<\/p>\n

Other emojis in the messages included the \u201cthinking face\u201d and \u201cface with tongue\u201d \u2014 both used by Mbenenge \u2014 and the \u201cflushed face\u201d and \u201csquinting face with tongue\u201d used by Mengo. <\/p>\n

Mello interpreted these emojis as casual and in line with standard use.<\/p>\n

He also noted the use of the \u201cpeach\u201d and \u201ceggplant\u201d emojis \u2014 widely regarded as suggestive symbols for buttocks and male genitalia, respectively \u2014 while notable, could not be attributed any specific intent.<\/p>\n

Mello further testified that a portion of the WhatsApp messages exchanged between the two \u2014 from 22 June to 8 July 2021 \u2014 was missing from the record, making the communication incomplete. <\/p>\n

He suggested that the missing messages raised questions about the integrity of the evidence.<\/p>\n

The WhatsApp messages have been a central feature in the case, which has grappled with interpreting the tone and content of the digital exchanges between Mbenenge and Mengo. <\/p>\n

In May, digital forensic analyst Fran\u00e7ois Muller, testified that Mengo had communicated with the judge from two different phone<\/a>s. He confirmed retrieving and restoring data from both devices, which formed the basis of the messages under scrutiny.<\/p>\n

However, Mello told the tribunal that he had only examined data extracted from one of the phones \u2014 the one provided to him by Mbenenge\u2019s legal team \u2014 and not the full set of data Muller had reviewed.<\/p>\n

This drew criticism from evidence leader Salome Scheepers, who questioned whether Mello\u2019s opinion was informed by a complete dataset.<\/p>\n

Scheepers also challenged Mello\u2019s qualifications, arguing that he lacked the forensic and linguistic expertise necessary to interpret digital evidence, specifically the contextual nuances of emoji use.<\/p>\n

In May, Docrat warned that emojis were not neutral symbols and could vary in meaning depending on the recipient’s interpretation, the platform and the interpersonal history between the communicators.<\/p>\n

Scheepers drew on Docrat\u2019s earlier testimony to argue that Mello\u2019s approach \u2014 which focused on Unicode definitions \u2014 was too narrow. <\/p>\n

She pressed Mello on the variability of emoji meanings across different devices and social contexts, noting that the same emoji could convey different messages, depending on the relationship between the users. <\/p>\n

Scheepers further said some emojis, such as the \u201csee-no-evil monkey\u201d, could be interpreted flirtatiously \u2014 an interpretation not captured by standard references nor by Mello\u2019s interpretation. <\/p>\n

Mello maintained that his role was technical and not interpretive. He also cast doubt on the authenticity of certain images included in Mengo\u2019s complaint. According to him, the photos she claimed were sent by Mbenenge did not match WhatsApp\u2019s metadata structure.<\/p>\n

The tribunal has also heard arguments about CCTV footage allegedly missing from the court building on the date Mengo said she was harassed. <\/p>\n

Scheepers confirmed during cross-examination in May that some footage from the relevant day was no longer available, despite requests from the tribunal. The lack of CCTV evidence has further complicated the tribunal\u2019s efforts to establish a definitive timeline of events.<\/p>\n

Mengo, who testified earlier in the year, maintained that Mbenenge made sexual advances, sent inappropriate messages and exposed himself to her at the Mthatha high court buildings. Her testimony was supported by screenshots and messages, although she admitted under cross-examination that some conversations had continued beyond the alleged incidents.<\/p>\n

The defence has argued that Mengo\u2019s continued engagement with the judge \u2014  with light-hearted emojis and informal language \u2014 contradicts her claims of persistent harassment. The defence said Mengo had reciprocated with messages that reflected a cordial relationship.<\/p>\n

Strengthening the defence’s case, Mbenenge’s witness, former secretary Zintle Nkqayi, testified that the judge was not at work at the time Mengo alleges he exposed himself to her<\/a>. Nkqayi said Mbenenge had gone to the bank and she had subsequently accompanied him to a lecture and to court.<\/p>\n

The tribunal is expected to conclude on 11 July, before which Mbenenge will take the witness stand.<\/p>\n","protected":false},"excerpt":{"rendered":"

A defence witness told a judicial tribunal on Thursday that emojis exchanged in WhatsApp messages between Eastern Cape Judge President Selby Mbenenge and a junior legal professional were consistent with casual conversation, challenging claims that they were used to sexually harass her. Information and communications technology expert Vincent Mello testified that the messages \u2014 central […]<\/p>\n","protected":false},"author":1,"featured_media":256,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[10],"tags":[],"_links":{"self":[{"href":"http:\/\/www.vecimasupport.com\/index.php\/wp-json\/wp\/v2\/posts\/1421"}],"collection":[{"href":"http:\/\/www.vecimasupport.com\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/www.vecimasupport.com\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/www.vecimasupport.com\/index.php\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"http:\/\/www.vecimasupport.com\/index.php\/wp-json\/wp\/v2\/comments?post=1421"}],"version-history":[{"count":1,"href":"http:\/\/www.vecimasupport.com\/index.php\/wp-json\/wp\/v2\/posts\/1421\/revisions"}],"predecessor-version":[{"id":1422,"href":"http:\/\/www.vecimasupport.com\/index.php\/wp-json\/wp\/v2\/posts\/1421\/revisions\/1422"}],"wp:featuredmedia":[{"embeddable":true,"href":"http:\/\/www.vecimasupport.com\/index.php\/wp-json\/wp\/v2\/media\/256"}],"wp:attachment":[{"href":"http:\/\/www.vecimasupport.com\/index.php\/wp-json\/wp\/v2\/media?parent=1421"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/www.vecimasupport.com\/index.php\/wp-json\/wp\/v2\/categories?post=1421"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/www.vecimasupport.com\/index.php\/wp-json\/wp\/v2\/tags?post=1421"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}