Judicial Conduct Tribunal gets clarity on why Mbenenge's legal counsel wanted to subpoena Zondo

JOHANNESBURG - The Judicial Conduct Tribunal has heard how, when the hearings began last week, the legal counsel for Eastern Cape Judge President Selby Mbenenge indicated they would subpoena retired chief justice, Raymond Zondo.

While the reason for this wasn’t clear at the time, the tribunal was on Thursday offered clarity.

Advocate Muzi Sikhakhane has revealed that Zondo was not happy with the original complaint lodged by High Court secretary, Andiswa Mengo.

Sikhakhane cross-examined Mengo before the tribunal investigating claims of sexual harassment that she has levelled against the judge.

When Mengo testified about her complaint, she said she was too emotional to write it herself and instead dictated the complaint to an official from the Office of the Chief Justice.

However, after completing her original complaint for which she deposed an affidavit on 7 December 2022, she was told that the affidavit was later misplaced.

Mengo was then forced to redo the affidavit.

Advocate Sikhakhane, however, probed Mengo about why she did not have a copy of the document or why the office did not present the unsigned affidavit to her.

Sikhakhane, reading a letter before the tribunal, revealed new information to the panel.

"I inquired about the complaint and she confirmed that there was indeed an initial complaint lodged at the time and Chief Justice Zondo was not satisfied with the complaint and asked the secretary to ask the complainant to lodge another complaint, which is the one that is in the papers currently."

Sikhakhane suggests that Zondo wanted an improved version of the complaint.

According to the Judicial Service Commission Act, the Chief Justice is the chairperson of both the JSC and the judicial conduct committee.