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Eastern Cape Judge President Selby Mbenenge listens as the Judicial Conduct Tribunal continues.
The legal team on behalf of Judges’ Secretary, Andiswa Mengo, will not have the right to cross-examine Eastern Cape Judge President Selby Mbenenge, and any witnesses who will be called on his behalf. This comes as the Judicial Service Commission Act and the rules of the Tribunal do not accommodate the request from Mengo’s legal representatives, which comes as the landmark probe now turns to Mbenenge’s version of events.
The legal representatives of Judges’ Secretary Andiswa Mengo’s bid for the right to cross-examine Eastern Cape Judge President Selby Mbenenge and his witnesses, could not be accommodated by the Judicial Conduct Tribunal probing sexual harassment allegations against Mbenenge.
Chairperson of the Tribunal, Retired Judge President Bernard Ngoepe, gave the ruling.
“After looking at the act and the rules, we are of the view that such a right should not be granted, and we say so for certain considerations indicating that we strove in the discussion of our exercise in conducting our procedure … we strove to achieve fairness as far as possible,” says Ngoepe.
The tribunal noted, however, that certain considerations have been made in the name of fairness, which include that Mengo’s team will be able to consult with the Evidence Leader when cross-examination arises.
The tribunal moved along swiftly to Mbenenge’s first witness to the stand, Judges’ Secretary Zintle Nkqayi. Nkqayi gave evidence that runs contrary to Mengo’s version of events regarding alleged incidents that took place in the Eastern Cape Division of the High Court.
Advocate Griffiths Madonsela SC probed Nkqayi on the allegation that Mengo saw the Judge President hugging the court manager.
Madonsela: Does Ms Mengo’s allegation that she came back and peeped through the JP’s office and saw the JP hugging the court manager … does that allegation have any substance or truth in it?
Nkqayi: According to my recollection, it could be something that is not true.
The tribunal continues with the witness’ testimony.
Video: [GRAPHIC CONTENT] Judicial Conduct Tribunal Hearing for Judge President Mbenenge | 01 July 2025
