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By Faizel Patel

Senior Journalist


Judge Mbenenge: Secretary questioned about similarities in her sexual harassment complaints

Mengo was also questioned on Mbenenge allegedly exposing his manhood to her in his office.


It was another tense day as the Judicial Conduct Tribunal continued looking into allegations of sexual harassment against Eastern Cape Judge President Selby Mbenenge.

Day 10 of the tribunal on Friday focused on the cross-examination of Mbenenge’s accuser, judges’ secretary Andiswa Mengo, to assess her credibility.

Sexual harassment complaints against Judge Mbenenge

Mbenenge’s counsel, Advocate Muzi Sikhakhane, challenged Mengo’s claim that she was unaware of her December 2022 sexual harassment complaint when filing a new one in January 2023.

Similarities in the initial and second sexual harassment complaints were pointed out by Sikhakhane. He used it to illustrate to the tribunal that Mengo was not a credible witness and was being “dishonest”.

The judges’ secretary was pressed about the identical sentences in the statements, despite insisting she did not have access to the initial statement when preparing the second one.

Scrutiny on Mengo’s complaints

Sikhakhane looked at both complaints and tested the similarity of the documents word for word.

This is to challenge the assertion by Mengo that the second complaint was lodged without the assistance of a copy.

Sikhakhane contended that it was improbable that she would not have had sight of the copy of the December 2022 complaint in order to write a new complaint in the exact same manner, with the same grammatical errors.

‘Errors’

He asked Mengo to read her contradicting statements from the two sexual harassment complaints she lodged against Mbenenge.

“I am sure you will agree with me that for the first time, we see difference between paragraphs that are dealing with the same subject, you agree?

Mengo replied “yes”.

“While the first paragraph is identical, in the current complaint you introduce a new date. Do you agree with me?” asked Sikhakhane.

Again Mego replied “yes”.

ALSO READ: Mengo admits she had opportunity to tell Mbenenge the kind of relationship she wanted

These similarities prompted Tribunal Chair Judge Bernard Ngoepe to ask Mengo how the same errors occurred in both statements.

Mengo responded: “Chair, I would have disclosed up front, if I had a copy. I have no direct answer as to how that happened.”

Ngoepe than challenged Mengo. “You say that you don’t have a direct answer, do you have an answer which is not direct?”

Mengo replied: “It is the one which I gave chair. I did not have a copy. I still maintain that.”

Zondo gets involved

On Thursday, Sikhakhane described Mengo’s second statement to the JSC as an “improved complaint”, with evidence leader Salome Scheepers arguing that an “improved complaint” was not necessarily a correct description – as the tribunal had no idea what Chief Justice Raymon Zondo was concerned about.

This after the tribunal heard how Zondo had not been “satisfied” with the initial sexual harassment complaint lodged by Mengo.

During proceedings, the Office of the Chief Justice (OCJ) placed a document before the tribunal probing Mengo’s allegation.

ALSO READ: WATCH: Zondo ‘not satisfied’ with initial sexual complaint, Mbenenge tribunal hears

The document showed that Zondo requested a new complaint be lodged because he had not been “satisfied” with the initial formal sexual harassment complaint.

Mengo testified that she received communication from the OCJ that the complaint had been “misplaced” and that she had to lodge a new one. She said she did not keep a copy of the complaint.

Misplaced complaint

Sikhakhane then introduced the initial “misplaced” complaint into evidence, stating it had been sent to Mbenenge’s legal team by the OCJ.

The letter stated that Zondo was not satisfied with the complaint and had asked Mengo to lodge another one.

Throughout that process, Mengo said, she had been assisted by then JSC secretary Kutlwano Moretlwe.

During her testimony last week, Mengo conceded that she wanted to create the impression that only Mbenenge made those salacious comments and that she did not reciprocate.

However, Sikhakhane this week spent a lot of time poking holes into Mengo’s testimony and the formal complaint that she laid. He accused her of being a “liar”.

While Mengo detailed how Mbenenge allegedly sent her explicit messages, including pictures of his private parts, during her cross-examination on Wednesday, she admitted to omitting sexually explicit messages that she sent to him.

‘Shaming Mbenenge’

The advocate claimed that Mengo wanted to shame the judge president.

“We need truth for both you and the respondent to move on with your lives.

“Ms Mengo, the picture you allege to be my client’s private part has ruined his reputation. You used the same alleged picture to body-shame my client.”

ALSO READ: Secretary accused of hiding evidence and trying to shame Judge Mbenenge

He argued that experts would show the tribunal that the images were sent to Mengo by someone other than Mbenenge.

Sikhakhane said that Mengo had not been truthful when giving evidence.

Mbenenge ‘exposing his manhood’

Earlier, Sikhakhane asserted that the incident in which Mbenenge allegedly attempted to expose his manhood to a Mengo did not happen.

Mengo testified that Mbenenge summoned her to his chambers in 2022, an accusation the judge denies.

In her initial complaint, Mengo claimed the incident in the chambers took place on 14 November 2022, however, she later claimed that it happened on 15 November that same year.

Mengo than settled on the 14th, a claim that was also challenged by Sikhakhane.

“What the JP [Judge president] will say is that the incident as you relate it, did not happen. The judge president will also tell you that he can account for his entire day on the 14th, that he was giving a lecture, went to the bank and the only time he met you that day is shortly after teatime in his secretary’s office.”

Complaint

The judges’ secretary filed the complaint against Mbenenge, stating that his suggestive advances were unwelcome.

The tribunal on Thursday heard how Mengo was allegedly asked to be sexually intimate with Mbenenge.

Mengo claimed she responded to the advances by sending a bible verse, Psalm 1, Verse 1, in the Xhosa Bible, which begins with the word “hai” (no). She quoted from the verse in the Bible in messages four times.

However, 30 minutes after the messages, Mengo testified, he sent her sexually explicit emojis – a guava and a banana – and a picture of a penis and asked for “yours please” with a “wide-eyes” emoji.

NOW READ: Mengo says she reciprocated Mbenenge’s sexual messages ‘to satisfy him for peace at work’

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