Mbenenge will deny accuser’s ‘flashing’ claims

PLEASE NOTE, THIS ARTICLE CONTAINS CONTENT OF A SEXUAL NATURE 

Andiswa Mengo was answering questions by Mbenenge’s lawyers at the Judicial Conduct Tribunal into her claims that the judge president abused his power and made unsolicited sexual advances towards her between 2021 and 2022. 

Earlier in her testimony, the complainant told the tribunal that the Office of the Chief Justice told her to resubmit her statement after the initial document was reportedly misplaced. 

On Friday, Mengo found it difficult to explain the discrepancies in her written statements. 

Mbenenge’s lawyer, Advocate Muzi Sikhakhane, compared Mengo’s unsigned statement, which was written by an assistant in the Chief Justice’s office, to the one she authored and submitted to the tribunal.

She claimed she was sent a pro forma affidavit to write her new statement, and did not see the first statement when compiling the final statement. 

READ: Mbenenge sexual misconduct:'Omissions seek to mislead panel'

However, Sikhakhane pointed out that there were glaring similarities in the two statements, including identical sentences.

Panel chair retired judge Bernard Ngoepe asked Mengo to explain: “How come that there are not only identical sentences, but also grammatical errors? How come?” 

“Chair, I would have disclosed upfront if I had a copy. I have no direct answer as to how that happened,” Mengo responded. 

The high court secretary has denied Judge President Selby Mbenenge’s assertion that he did not show her his private parts on a date that is in dispute. 

Sikhakhane pressed the witness to clarify the date upon which the incident allegedly occurred, adding that his client would dispute her version of events. 

“Ms Mengo, regarding the 14th, what the JP will say is that the incident as you relate it did not happen. He will also tell you that he can account for his entire day, that he was giving a lecture, went to the bank, and the only time he met you that day was shortly after teatime in his secretary’s office.”

Mengo said Mbenenge would be lying. Before that, he asked her to read from her statement: “It was on Monday, 14 November, and called me to his chambers and asked me why I am wearing colourful clothes when it is a court day. I told him I was not going to court, but my colleague is. He said he was concerned about the decorum and not saying that my clothes were inappropriate. 

“That was not offensive, and I was not the only one present on the day. A day later, he saw me walking down the corridor and imitated how I walked; I didn’t comment and walked past instead. As I walked back, he knew my footsteps stood at the door and called me in. I noticed that his secretary was not in her office. I got in and he showed me his trousers and said, ‘Do you see the effect that you have on me?’. The question that followed was ‘Don’t you want to suck it?’, he unzipped his pants and attempted to draw his erect penis, and I ran out.” 

Sikhakhane said in her statement and the affidavit made with the police, Mengo offered two different dates (14 and 15 November) as the day on which the incident occurred. 

She maintained the correct date was the 14th of November.

The cross-examination continued after the lunch adjournment.

ALSO READ: