Evidence leader Advocate Salome Scheepers attempted to poke holes into the testimony of Zintle Nkqayi, the secretary to Eastern Cape judge president Selby Mbenenge.
This was after the defence, led by advocate Griffiths Madonsela, finished leading Nkqayi’s testimony.
It is the second day for Nkqayi at the tribunal, giving testimony in the sexual harassment hearing against Mbenenge that is sitting before the Judicial Tribunal in Sandton, Johannesburg.
Hugging incident
Scheepers centred her cross-examination around Nkqayi’s presence during the alleged hugging that took place in Mbenenge’s office that was allegedly seen by Mengo.
“This happened a while ago. What did you use to prepare to come and testify before this tribunal?” Scheepers asked.
And according to Nkqayi, she used her diary to remind herself and her mind.
“Are you sure that is all? Did you read your affidavit before you came and testified? What kind of a diary is this that you used?” Scheepers probed.
“I read my affidavit, and the diary is normal, those with specific years. I unfortunately do not have it with me now; it’s in East London,” Nkqayi replied.
Scheepers questioned if Nkqayi watched the proceedings.
“I did, but I didn’t follow it almost every day. I watched small clips,” Nkqayi responded.
Perjury threat
Scheepers further reminded Nkqayi that she took an oath.
“Are you familiar with the word ‘perjury’?” Scheepers asked.
“No,” Nkqayi answered.
“It’s when one gives false evidence. Is there anything you said here that is not the truth that you need to correct? Giving evidence that is not the truth is an offence, and you could be arrested for it,” Scheepers warned.
“I know that, and I don’t think there’s anything I would like to correct,” Nkqayi stated.
Scheepers went on to ask if Nkqayi remembers everyone who came into Mbenenge’s office. And also if Mengo and the court manager who allegedly hugged Mbenenge had never been to the office before.
“They’d been there before, for their own things. But I remember this day in particular because Mengo and the court manager had a disagreement. So when Mengo came in, she told me about the altercation,” Nkqayi replied.
“What day was it?” Scheepers asked.
“I don’t know,” Nkqayi responded.
Scheepers said Mbenenge’s office is busy, as a lot of people are always coming in.
Nkqayi confirmed.
Testimony challenged
“How do you remember everything that happened on that day in particular?” Scheepers enquired.
“I don’t know how to explain this to you, but if you work in the office of the JP, you have to always be alert. Knowing the events and people who come in,” Nkqayi said.
According to Scheepers, Mengo said Nkqayi didn’t take her to the JP’s door; she told her to continue in.
“And her evidence wasn’t disputed,” Scheepers added.
“I am simply stating what I did, and one of us is not telling the truth. I don’t know which side the tribunal is supposed to take,” Nkqayi responded.
However, Scheepers told Nkqayi that it is not possible for her to have been in the office the whole day and seen everything that transpired.
Cross examination
“It is possible that when you were not in the office, the court manager went back. And that’s when Miss Mengo saw the two hugging. My point is you’re not always at the office,” Scheepers said.
“Did Mengo say I wasn’t there when she was peeping in the office?” Nkqayi asked.
“Yes,” Scheepers replied.
“In that case, then it is possible. I was referring to everything that happened while I was at my desk,” Nkqayi explained.
Advocate Madonsela objected.
“It’s not fair to ask this witness on the wrong premise. Because in her affidavit, Miss Mengo said the witness was there.”
“In Mengo’s testimony before the tribunal, she said the witness was not there,” replied Scheepers.
Retired Judge Bernard Ngoepe intervened.
“Advocate Scheepers, you should have put both versions to the witness. You cannot pick the version that suits your cross-examination.”
The tribunal adjourned for the counsel to go through a video that shows the movements in the court corridors.
