Conflicting versions surrounding the circumstances behind Judge’s Secretary Andiswa Mengo’s initial sexual harassment complaint against Eastern Cape Judge President Selby Mbenenge have placed the credibility of both versions in the spotlight.
This comes as Mengo’s previous testimony that she did not keep a copy of her initial complaint clashed with a former Judicial Service Commission official’s insistence that she did.
Leaving the Judicial Conduct Tribunal with the task of determining which version is the truth.
The credibility of Mengo as a witness is under the lens of scrutiny, insofar as her testimony regarding the initial complaint she filed against the top Judge of the Eastern Cape Division, Selby Mbenenge.
This as the former JSC official who assisted Mengo with the initial complaint, Kutlwano Moretlwe testified that she did have a copy: “I didn’t give her the copy of the complaint because she used, she finalised the complaint when she typed it the previous night, so she ought to have saved it on her laptop. I can’t give her a copy of something she already has.”
This evidence runs contrary to Mengo’s testimony that when she was informed that her initial complaint was “misplaced”, she had to write a new complaint in the form of an affidavit, and she did so without sight of the initial complaint.
The emphasis on the circumstances surrounding the filing of the initial complaint has little to do with the complaint itself, but has everything to do with Mengo’s credibility being tested before the Tribunal, as both versions cannot be true.
Mengo’s counsel, Advocate Nasreen Rajab-Budlender SC, in response to this glaring contradiction, cast doubts on Moretlwe’s version, describing it as “concerning”.
Rajab-Budlender SC: Ms Moretlwe, I must tell you that I find your evidence concerning and that I will argue that your version should not be accepted, particularly as it relates to Ms Mengo in due course. Do you want to respond to that?”
Moretlwe: “I have no comment.”
The misconduct probe continued with testimony from Judges’ Secretaries from the Eastern Cape, who testified on what they knew about the saga.
One of whom, Ntomboxolo Jobela, testified that Mengo forwarded pictures allegedly sent by the top Judge.
“She said there is an older man or father that is abusing me, she then said he is sending me picture,s and what I hate is that I am in the same age group as his children.”
The Tribunal continues with the cross-examination of Jobela.
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