2 contradictory versions relating complaints against Mbenenge submitted to tribunal
In January, High Court secretary Andiswa Mengo told the tribunal that she filed a complaint on 7 December 2022, which was allegedly misplaced.
Eastern Cape Judge President Selby Mbenenge at the Judicial Conduct Tribunal investigating the sexual harassment allegations against him. Picture: EWN
JOHANNESBURG - Two contradictory versions relating to a complaint filed against Eastern Cape Judge President Selby Mbenenge have been submitted to the Judicial Conduct Tribunal.
In January, High Court secretary Andiswa Mengo told the tribunal that she filed a complaint on 7 December 2022, which was allegedly misplaced.
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Mengo also told the judicial body that she did not make a copy of the complaint, as she did not have her laptop with her, which forced her to depose to an affidavit as allegedly instructed by then-Chief Justice Raymond Zondo.
But a witness before the tribunal on Thursday said Mengo had her laptop in her possession and typed parts of the complaint against Mbenenge herself.
There is a dispute of facts before the Judicial Conduct Tribunal between the testimonies of Mengo and former Judicial Service Commission (JSC) official Kutlwano Moretlwa.
Moretlwa is the current witness giving testimony before the tribunal, who has offered a different version of events of when Mengo laid her initial complaint against Mbenenge in December 2022.
“She had her laptop, as I’ve indicated because she said she was going to work. She brought it so that she could finalise a judgment that she was working on. So, because it was late and I had to leave, I said you carry on so that we finish because remember I was instructed that the complaint needs to be finalised before she returns back.”
However, during cross-examination by Mengo’s legal counsel, Advocate Nasreen Rajab-Budlender was not convinced of Moretlwa’s version of events.
“Advocate Potgieter asked you to bring your laptop when she asked you to come and assist the complainant, so I want to put to you that she specifically asked you to bring your laptop so that you could type the complaint because Ms Mengo did not have her laptop with her.”
Moretlwa emphasised that Mengo did not have a laptop when she was at the Office of the Chief Justice to lay the complaint, but had a laptop for the completion of the grievance.