Mbenenge tribunal: Advocate Sikhakhane pokes holes in expert witness Vetten's testimony

JOHANNESBURG - Legal counsel for Eastern Cape Judge President, Selby Mbenenge, has attempted to discredit the expert witness providing evidence before the Judicial Conduct Tribunal tasked with investigating the sexual harassment complaint against the top judge.

Advocate Muzi Sikhakhane tried to poke holes in Lisa Vetten’s testimony when she said High Court secretary, Andiswa Mengo, explored different ways to reject Mbenenge’s sexual advances.

Sikhakhane has criticised Vetten for inferring certain meanings from WhatsApp exchanges between Mengo and Mbenenge without interviewing the complainant.

Vetten also testified that the power relations between Mengo and Mbenenge made it difficult for her to outrightly reject her senior’s sexual advances.

But Sikhakhane pressed Vetten on what her reaction would be if such advances were made towards her in the workplace.

“Would you do that because you are older, because you have better moral rectitude, because you have a better courage of your conviction than the complainant? You seem to suggest she wouldn’t; she doesn’t mean what she says. Is there any particular reason why you believe – either because of age, race and age – that she is not like you?”

While Vetten pushed back, Sikhakhane insisted that the tribunal must take her evidence as mere generalisations.

Vetten: “As a general principle, I don’t go around assuming that other people are exactly like me.”

Sikhakhane responded, “It’s fine, but I’m saying why would you assume that this one you did not interview… it does not have to be like you. You’re not the only one with a better moral rectitude. You will agree with me that without having spoken to her, knowing her intentions, the tribunal must take the things you say about her not as wrong but as generalisations.”

ALSO READ: Mbenenge tribunal: Gender expert breaks down how women respond to sexual advances