Tribunal rules against hearing evidence from Mbenenge's third witness
The panel took issue with Sogoni’s evidence, labelling it as hearsay and based on the character of High Court Secretary, Andiswa Mengo.
Eastern Cape Judge President Selby Mbenenge at the Judicial Conduct Tribunal investigating the sexual harassment allegations against him. Picture: Katlego Jiyane/Eyewitness News
JOHANNESBURG - The Judicial Conduct Tribunal (JCT) investigating allegations of sexual harassment against Eastern Cape Judge President Selby Mbenenge has ruled not to hear the evidence by Makhanda High Court stenographer, Unathi Sogoni.
Sogoni was the third witness to be called to testify in defence of the judge president before the fact-finding body tasked with investigating the sexual harassment claims against the top judge in Sandton, Johannesburg.
The panel took issue with Sogoni’s evidence, labelling it as hearsay and based on the character of high court secretary, Andiswa Mengo.
Mengo accuses the top judge of making unwanted sexual advances towards her between 2021 and 2022.
READ: Mbenenge's legal team argues it would be prejudicial to deny witness to testify in his defence
While the details of Sogoni’s evidence are not clear, evidence leader Advocate Salome Scheepers hinted to the tribunal that the affidavits by Sogoni alleged that Mengo was a "seductor".
Scheepers and Mengo’s legal counsel, Advocate Nasreen Rajab-Budlender, objected to Sogoni’s testimony.
"Ms Vetten is an expert. She was acknowledged to be an expert, the preeminent expert on gender even by the respondents. Ms Sogoni is not an expert. She’s not an expert on gender; she’s not an expert on power imbalance. This panel does not need to know about power dynamics from someone who we know has a fractious relationship with the complainant. That is clear."
Tribunal chairperson, retired Judge President Bernard Ngoepe, ruled against hearing Sogoni’s testimony.
"Having considered all the submissions made, our ruling is that the witness may not give evidence on the contents of those two statements. We will give our full reasons in due course. Please tell the witness she is excused."