By Lehlohonolo Lehana.
Former Judicial Services Commission (JSC ) law advisor Kutlwano Moretlwe has given evidence that fundamentally contradicts parts of High Court secretary Andiswa Mengo’s testimony.
Moretlwe is the third witness to testify before the tribunal and has begun giving her account of the events of what transpired when Mengo laid a complaint against top jurist Judge Selby Mbenenge three years ago.
Mengo has accused Mbenenge of making unwanted sexual advances towards her between 2021 and 2022.
Moretlwe’s testimony corroborated some of the evidence presented by Mengo in January.
Mengo told the Judicial Conduct Tribunal that she laid a complaint against Mbenenge in 2022. However, that complaint went missing.
This correlated with the submission made by Moretlwe before the tribunal.
“I could not recall that the complaint was misplaced. That’s why I kept referring them to go and check in my office because; I thought that there was a complaint there.”
Moretlwe said it’s only when she heard Mengo’s submission of the lost complaint that she recalled the disappearance of the document.
The emphasis on the circumstances surrounding the filing of the initial complaint has little to do with the complaint itself, but has everything to do with Mengo’s credibility being tested before the Tribunal, as both versions cannot be true.
Mengo’s counsel, Advocate Nasreen Rajab-Budlender SC, in response to this glaring contradiction, cast doubts on Moretlwe’s version, describing it as “concerning”.
Rajab-Budlender SC: Ms Moretlwe, I must tell you that I find your evidence concerning and that I will argue that your version should not be accepted, particularly as it relates to Mengo in due course. Do you want to respond to that?”
Moretlwe: “I have no comment.”
The misconduct probe continued with testimony from Judges’ Secretaries from the Eastern Cape, who testified on what they knew about the saga.
Gqeberha High Court secretary Ntomboxolo Brenda Jobela told the tribunal that Mengo had not named the judge.
“There was a message where she stated that she told him he is getting too familiar with me and that she was not that type of woman.
“I asked her who sent these pictures to her. She said she would tell me when we meet.”
Jobela said she later asked Mengo: “Is this JP who is sending you these things?”, to which Mengo replied: “You do not disappoint.”
Jobela said one of the pictures was a screenshot of a “male organ”, another was a picture seemingly downloaded from the internet of a naked white couple, and a third was of a leg, covered with dark striped pants. A pointy shoe was visible.
She said it had been taken in an office which she later recognised as Mbenenge’s office at the Makhanda High Court.
A forensic analyst has already testified before the tribunal that no evidence of the “penis picture” could be found on Mengo’s cellphone.
Cross-examination is expected to continue on Friday.