The request by Eastern Cape Judge President Selby Mbenenge’s legal counsel to subpoena retired Chief Justice Raymond Zondo has gained traction before the Judicial Conduct Tribunal. The Tribunal is investigating sexual harassment allegations against Mbenenge, which involve claims of in-person misconduct and inappropriate electronic communication.
During the proceedings, evidence was presented that places the retired Chief Justice in the midst of the case. It emerged that Zondo allegedly found the initial complaint by Judges Secretary Andiswa Mengo, submitted in December 2022, unsatisfactory and requested that she file a new one.
This revelation challenges Mengo’s earlier testimony, in which she claimed her original complaint had been “misplaced” and that she was instructed to submit a new affidavit without access to the original. A letter from the Tribunal’s Secretariat, read by Advocate Muzi Sikhakhane SC, suggested otherwise.
“I inquired about the complaint, and she confirms there was indeed an initial complaint. Chief Justice Zondo was not satisfied with it and asked the Secretariat to request a new complaint, which is the one currently before the Tribunal,” said Advocate Sikhakhane SC.
However, Mengo disputed this version. When questioned, she maintained her stance, stating:
“At the time when Ms. Moretlwa contacted me about this complaint, she said my complaint had been misplaced. I was told to write another affidavit.”
To test Mengo’s credibility, Sikhakhane compared the initial and subsequent complaints, examining their content for similarities. He argued that the two documents were nearly identical, raising questions about her claim that she had no access to the first complaint.
“Do you agree with me that the two complaints are identical?” Sikhakhane asked.
“Yes, counsel, I do agree,” Mengo responded.
“It is still your testimony that when you wrote the second complaint, you did not have access to the first one?” Sikhakhane pressed further.
“That is correct,” Mengo replied.
The Tribunal’s cross-examination of Mengo is ongoing, with further scrutiny expected in the days ahead.
