Tribunal hears of extent of retired Chief Justice Zondo's role in Mengo's complaint against Mbenenge

JOHANNESBURG - Retired Chief Justice Raymond Zondo has featured strongly at the Judicial Conduct Tribunal probing allegations of sexual harassment against Eastern Cape Judge President Selby Mbenenge on Thursday.

In January this year, the tribunal heard testimony that Zondo was allegedly not satisfied with the complaint the Judicial Service Commission (JSC) received and directed high court secretary, Andiswa Mengo, to file a new one.

READ: Mengo circulated explicit content allegedly received from Mbenenge, tribunal hears

But this was disputed by former JSC secretary, Kutlwano Moretlwa, during cross-examination by Mbenenge’s legal counsel, Advocate Muzi Sikhakhane.

The tribunal sat for the fourth day in Sandton, Johannesburg, on Thursday.

During the tribunal’s first sitting, it heard that retired Chief Justice Raymond Zondo was waiting for the complaint to be formally lodged by Mengo.

But Moretlwa submitted that this was not true and that, in fact, Zondo was not aware of the complaint and who it was filed against until Moretlwa met him on 12 December 2022.

However, Moretlwa also said that Zondo found it difficult to follow the contents of the complaint and told Mbali Songca, the current JSC secretary, that the former chief justice was not satisfied with the complaint that Mengo initially laid.

Legal counsel for the judge president, Sikhakhane, was not convinced of Moretlwa's submission before the tribunal, leading to this exchange before the judicial body.

Sikhakhane: "Am I correct to suggest that there's actually no difference between what you said to Miss Songca and what you say in this affidavit? The CJ was not satisfied with the complaint as it stood at the time."

Moretlwa: "Well for lack of a better word, we can say that the satisfied part, but it was in relation to the cross-reference."

Sikhakhane: "You don't want to accuse you of protecting anybody. Let's deal with it right here."

Moretlwa: "But that is my understanding."
 
Sikhakhane: "No, please wait for me."

Proceedings have adjourned and will resume on Friday.