Andiswa Mengo. Picture: X/
The Judicial Conduct Tribunal looking into allegations of sexual harassment against Eastern Cape Judge President Selby Mbenenge has heard how former Chief Justice Raymond Zondo had not been “satisfied” with the initial sexual harassment complaint lodged by secretary Andiswa Mengo.
This emerged on Thursday, during day nine of the tribunal of the Judicial Service Commission (JSC) investigating Mengo’s sexual harassment accusations against Mbenenge.
Referencing a series of suggestive sexual messages on WhatsApp, Mengo testified about alleged inappropriate comments made by Mbenenge and an alleged incident in his chambers where he asked her to perform oral sex on him.
During Thursday’s proceedings, the Office of the Chief Justice (OCJ) placed a document before the Conduct Tribunal probing Mengo’s allegation.
The document showed that Zondo requested a new complaint be lodged because he had not been “satisfied” with the initial formal sexual harassment complaint.
Mbenenge’s advocate Muzi Sikhakhane questioned Mengo about how the sexual harassment complaint was laid at the OCJ.
Mengo relied on her WhatsApp chat history with Mbenenge to compile a complaint against him in Midrand in December 2022.
ALSO READ: Mengo says she reciprocated Mbenenge’s sexual messages ‘to satisfy him for peace at work’
Mengo testified that she received communication from the OCJ that the complaint had been “misplaced” and that she had to lodge a new complaint.
She said she did not keep a copy of the 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, sent to his attorneys by the OCJ, 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.
Sikakhane read out the letter during the proceedings.
“I enquired 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.”
ALSO READ: Mbenenge allegedly propositioned secretary for sex, sent explicit picture [VIDEO]
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 Zondo was concerned about.
On the first day of the tribunal’s proceedings, Sikhakhane indicated that the Tribunal might have to call Zondo as a witness, but tribunal chair Judge Bernard Ngoepe cautioned him that he would have to make a proper case for the request.
Sikhakhane probed both complaints, noting differences and “word-for-word identical” similarities, including the same grammatical errors.
“Is it still your testimony that you did not have a copy of the initial complaint?” Sikhakhane asked Mengo.
He said the panel would have to decide whether the similarities were such “that it is improbable that [Mengo] did not have a copy” of her initial complaint when she drafted the second one.
Sikhakhane also submitted that Mengo had deliberately left out things in the second complaint. However, she denied having a copy.
Earlier, Sikhakhane insisted that Mengo had sanitised her formal complaint, omitting any of her own messages and responses in what he described as their “salacious, sleazy and sexual” WhatsApp exchanges.
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.
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.”
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.
“You say less about what I think are your own graphic statements that you made. In fact, there is nothing as graphic as what you’ve told us that gives the impression you also sent salacious messages. Is there a reason, before I put my proposition to you, that you concealed those salacious statements?”
The tribunal continues on Friday.
NOW READ: Mengo admits she had opportunity to tell Mbenenge the kind of relationship she wanted
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