Eastern Cape judges secretary Andiswa Mengo has disputed the testimony given by Kutlwano Moretlwe, the former senior state law advisor to the Judicial Service Commission in the office of the chief justice.
Through her legal representative, Mengo told the judicial tribunal sitting in Johannesburg that she did not type her complaint against Judge President Selby Mbenenge. She said Moretlwe typed it for her.
Mengo’s lawyer disputes advisor’s testimony
On Thursday, Mengo’s lawyer, advocate Nasreen Rajab-Budlender, highlighted that the testimony that was given by Moretlwe is different from what her client said.
According to Moretlwe, she assisted Mengo when she first reported the case of sexual harassment against Mbenenge. And she spent an afternoon with her as she typed the complaint for her.
She further claimed that she left Mengo at approximately 9pm, for her to continue and complete the complaint. They were going to meet the following day for the commissioning of the complaint.
However, Rajab-Budlender said her client disputes that she had her laptop for her to have finished typing the complaint that evening.
“Miss Mengo says there were no judgments that were outstanding and she was not working. She did not have her laptop with her. That is why you were called and asked to bring yours,” said Rajab-Budlender.
Advisor says she only typed half of the complaint
Moretlwe disagreed.
Rajab-Budlender continued to say Mengo further disputed that Moretlwe stayed at her hotel room until 9 pm.
“In fact, she said, you stayed up until midnight and she gave you a thank you card. That’s because she was so worried about you leaving so late. I am a bit concerned about your testimony,” she added.
“I disagree,” said Moretlwe. “Yes, she gave me the thank-you card, but it is incorrect that I left at midnight. And I did not type the whole complaint; I left at 9 pm for her to finish it on her laptop.”
After a brief adjournment, defence counsel for Mbenenge started with cross-examination where Moretlwe’s testimony was questioned.
Advocate Muzi Sikhakhane SC stated that Moretlwe’s testimony was in conflict with what Mengo told the tribunal.
Conflicting testimonies
Sikhakhane asked for a confirmation if Moretlwe’s job was to receive and process complaints. And if they do not play the role of a legal advisor.
“That is correct, chair,” she responded.
Moretlwe said she had never typed a complaint for a complainant before. It was for the first time when she typed for Mengo because she was emotional.
She further said Mengo’s accommodation was paid for by the office of the chief justice.
The hearing is a result of a complaint by Mengo that Mbenenge made sexual advances towards her in 2021.
A new witness, a judge’s secretary from the Eastern Cape who is also Mengo’s friend, is expected to give testimony.
The hearing continues.