Mbenenge to testify in his sexual misconduct tribunal

Eastern Cape Judge President, Selby Mbenenge, is expected to take the stand at the Judicial Conduct Tribunal currently under way in Sandton, where he faces allegations of sexual misconduct brought by High Court secretary, Andiswa Mengo.

This was confirmed on Tuesday by Mbenenge’s legal counsel, advocate Muzi Sikhakhane.

While the exact date of Mbenenge’s testimony remains unconfirmed, it’s been revealed that more witnesses — including Zinhle Nqayi, Unathi Sogoyiyo, and Dr Mellow — will also be cross-examined in the coming days.

Mbenenge is accused of making unwanted sexual advances toward Mengo between 2021 and 2022 — claims he denies.

Mengo initially outlined the allegations during her January testimony, accusing the Judge President of persistently sending her inappropriate messages and images, including photos of his genitals.

One of the key witnesses, Nqayi took the stand late Tuesday afternoon, giving testimony through a Xhosa translator.

She recalled an incident at the Grahamstown High Court on 28 May 2021, where Mengo allegedly walked in on Mbenenge hugging a court manager — an official Mengo had previously lodged a complaint against.

“Miss Mango came to the JP (Judge President)’s office, I therefore proceed to knock on the JP’s door and informed him that he has a visitor by the name of Ms Mengo who is requesting to see him. I indeed proceeded to let her in JP’s office, I closed the door, went back to my desk to continue with my duties,” said Nqayi.

She continued her testimony when the tribunal resumed on Wednesday morning.

Meanwhile, tensions flared during Tuesday’s proceedings after Mengo’s legal team made a fresh bid to directly cross-examine Mbenenge and witnesses who will testify in his defence — a request that was ultimately denied.

Following the intense cross-examination of gender-based violence researcher Dr Lisa Vetten, Mengo’s lawyers asked to directly question the respondent and his witnesses.

However, after a brief adjournment, Tribunal chairperson, retired Judge Bernard Ngoepe, rejected the application, describing it as irregular and inconsistent with established procedure.

Ngoepe ruled that Mengo’s legal team must continue to pose their questions through the Tribunal’s evidence leader.

“The ruling is therefore, the representative of the complainant will not be entitled to cross exam the respondent and the witnesses called in the instance of the respondent. If they do wish they would as it were, they will have to do that through and in consultation with the evidence leader, that is the ruling,” Nyoepe stated.

Advocate Sikhakhane welcomed the ruling, emphasising the need for procedural fairness throughout the hearing.

The tribunal also heard further testimony from Vetten, whose expert analysis came under scrutiny for excluding input from the complainant. She admitted she did not consult Mengo prior to compiling her findings, and only reviewed Mengo’s cross-examination testimony on Monday.

Despite this, Vetten stood by her conclusion that Mbenenge abused his position of power. She acknowledged that while some of Mengo’s messages were sexual in nature, they were often followed by clear signals of discomfort or refusal.

“So there a repeated and persistent requests and there is an ambiguity in what the complainant is doing as I said on Monday, she’s by no means an ideal victim in that she does engage in quite sexual terms at times and then there are times where she’s very definite – no honourable member – hi. So, that does not change.”

The hearing continues. Written by Lebohang Ndashe