Tribunal hears that Mengo provided conflicting accounts of event involving Mbenenge's ex-secretary

JOHANNESBURG - The Judicial Conduct Tribunal investigating sexual harassment allegations against Eastern Cape Judge President Selby Mbenenge has heard that high court secretary, Andiswa Mengo, provided conflicting accounts of events involving Mbenenge’s former secretary, Zintle Nkqayi.

In her evidence in chief heard in January, Mengo testified that on 28 May 2021, she caught a glimpse of the judge hugging the court manager, whom she had had an altercation with.

Mengo testified that Nkqayi was not at her desk when she caught sight of the affectionate moment.

READ: Mbenenge's former secretary disputes allegations he tried to expose his manhood to Mengo

However, in her affidavit, Mengo alleged that Nkqayi was present at the time.

This discrepancy has been the source of a back-and-forth at the tribunal sitting in Sandton, Johannesburg, as evidence leader, Advocate Salome Scheepers, cross-examined Nkqayi.

Scheepers quizzed Nkqayi on the events of the day; however, Mbenenge’s legal counsel, Advocate Griffiths Madonsela, objected to Scheepers’ questioning.

"According to what the complainant testified before this tribunal, she indicated that when she went into the chambers and saw the alleged hugging, the witness was not present in her office. I agree, it is in her affidavit. It reads that she was at her desk. But what she testified is different."

However, tribunal chairperson, retired Judge President Bernard Ngoepe, intervened.

"No, you don’t get my point. If you were aware that in the affidavit she says something different in her evidence, when you put the question to the witness, you must put both versions to the witness. You can’t select one version. What you have done was to pick out a particular version and you left out the version that is contained in the affidavit. It’s not the correct thing to do."