The Judicial Conduct Tribunal’s cross-examination of Andiswa Mengo, the complainant in a high-profile sexual harassment case against Eastern Cape Judge President Selby Mbenenge, concluded on Friday.
Andiswa Mengo struggles to answer crucial questions about alleged sexual harassment
Mengo faced intense scrutiny over inconsistencies in her statements and the timeline of alleged incidents.
Mbenenge’s lawyer, Advocate Muzi Sikhakhane, pressed Mengo on discrepancies between her signed and unsigned statements.
These statements, which detailed an incident on 14 November 2021, included grammatical errors and identical wording despite her claims that she had not referred to her original draft.
When questioned about this, Mengo admitted she had “no direct answer” but insisted she did not intentionally mislead the tribunal.
Sikhakhane further pointed to conflicting dates in Mengo’s statements, which alternated between 14 and 15 November as the day the alleged harassment occurred.
Mengo maintained that 14 November was accurate, asserting that Mbenenge exposed himself and made explicit advances during a meeting in his chambers.
Mbenenge, through his lawyer, denied the incident and provided an alibi, stating he spent the day lecturing, visiting the bank, and meeting Mengo only briefly in his secretary’s office.
Sikhakhane said Mbenenge’s secretary would testify to corroborate his version, challenging Mengo’s assertion that the office was unoccupied during the alleged incident.
Mengo’s complaint, filed in late 2022, accuses Mbenenge of persistent sexual harassment over six months, culminating in an encounter in November 2021.
She alleges that Mbenenge sent her inappropriate WhatsApp messages, requested explicit photographs, and attempted to coerce her into a sexual relationship.
While some messages were preserved as screenshots, Sikhakhane argued that they could not be conclusively tied to the dates Mengo claimed, questioning the validity of her evidence.
Additionally, he alleged that her second statement to the tribunal was influenced by the Office of the Chief Justice, a claim Mengo and her counsel disputed.
Mbenenge claims the interactions were consensual and characterised them as playful exchanges. He denies all allegations of harassment, stating that Mengo never communicated discomfort with their exchanges.
The tribunal’s chair, retired Judge Bernard Ngoepe, noted that the hearing will resume in May 2025. Sikhakhane has indicated plans to subpoena former Chief Justice Raymond Zondo to address the circumstances under which Mengo’s statements were submitted.
Mengo, under re-examination, maintained that the power imbalance between her and Mbenenge made it impossible for her to object without fearing professional repercussions.
The case continues to hinge on whether their interactions were consensual or coercive.