Reason why Mbenenge’s counsel requested to subpoena Zondo revealed

Eastern Cape Judge President Selby Mbenenge’s counsel’s earlier request to subpoena retired Chief Justice Raymond Zondo to the Judicial Conduct Tribunal has seemingly found meaning before the fact-finding body.

The Tribunal, which is probing sexual harassment allegations against Mbenenge in the form of in-person interaction and electronic communication heard evidence that places the retired top Judge in the probe.

The Judicial Conduct Tribunal has heard that retired Chief Justice Raymond Zondo was “not satisfied” with Judges Secretary Andiswa Mengo’s initial December 2022 complaint and requested that she lodge a new one.

This is contrary to Mengo’s evidence that she was told her initial complaint was “misplaced” and she had to write a new complaint without a copy. This was revealed in a letter by the Secretariat read out by Adv. Muzi Sikhakhane SC before the body.

“I inquired about the complaint and she confirms indeed an initial complaint lodged at the time and Chief Justice Zondo was not satisfied with the complaint and asked the secretariat to ask the complainant to lodge another complaint which is the one that is in the papers currently,” says Adv Sikhakhane SC.

Mengo disagreed with the assertion that she had to lodge another complaint at the retired top Judge’s request.

“Could you tell us why you don’t agree with that line?” Adv Sikhakhane SC asks.

“Yes, I can explain, because at the time when Ms. Moretlwa made contact with me regarding this complaint, she said my complaint has been misplaced. I should therefore write another affidavit,” says Mengo.

Sikhakhane SC then went through an exercise to test the integrity of the witness by examining the initial complaint versus the complaint before the Tribunal and to illustrate the contention that Mengo omits critical information.

The exercise further sought to demonstrate the similarities in both documents to show that they are so similar, word for word, that it is improbable that she did not have a copy of her initial complaint as Mengo previously contended before the Tribunal.

Mbenenge’s counsel’s line of questioning on the documents written a month apart seemingly suggests that the second complaint lodged was an identical complaint by comparing it line by line.

“Mam, do you agree with me that they are identical?,” Adv. Sikhakhane SC asks.

“Yes, counsel I do agree,” says Mengo.

“It is still your testimony mam that when you wrote this other one, you had no access to the other one?,” Adv. Sikhakhane SC said.

“That is correct,” Mengo answered.

The Tribunal continues with the cross-examination of Mengo.

Video: [GRAPHIC CONTENT] Judicial Conduct Tribunal Hearing for Judge President Mbenenge