Retired judge Bernard Ngoepe, presiding over the sexual harassment case against Eastern Cape Judge President Selby Mbenenge, denied a request from advocate Nasreen Budlender, representing the complainant, Andiswa Mengo, to cross-examine Mbenenge and his witnesses.
Mengo, a judge’s secretary, has accused the provincial judges boss, Mbenenge, of sexual harassment.
On Tuesday, before the defence presented its case, Budlender submitted the request to cross-examine Mbenenge and his witnesses after the defence finishes.
Presiding judge turns down request
However, Ngoepe told Mengo’s legal team that they have been lenient and allowed them to pose questions to witnesses called by the evidence leader, but they cannot cross-examine Mbenenge and his witnesses.
“That is law. We do not make the rules; we apply them,” he said.
After the ruling, the first witness for Mbenenge, his secretary, Zintle Nkqayi, who has worked with him from 2020 to 2025, started giving her testimony.
Under questioning by Mbenenge’s counsel, Advocate Griffiths Madonsela, Nkqayi addressed an allegation by Mengo, who claimed she peeped into Mbenenge’s office and saw him hugging the court manager, Thambo Dala.
According to Madonsela, Mbenenge denies this incident occurred, and Nkqayi concurred.
Nkqayi recounted the events of the day in question, stating that Mengo visited Mbenenge’s office in Mthatha.
“I knocked on the door of the JP’s office, informed Mbenenge of Mengo’s arrival and that she wanted to see him. The JP instructed me to allow her in. After that, I closed the door and returned to my desk,” she said.
Series of events on the day in question
Continuing with narrating the series of events, Nkqayi said Mbenenge later asked her to summon the court manager, Dala.
“I could not reach Dala by phone, so I went to her office to inform her of the request, and she came after me. Dala then entered Mbenenge’s office, and I closed the door and resumed my work. After Dala left, the JP requested the court registrar be called. I did, and the day concluded with our return to East London,” she added.
When questioned by Madonsela about Mengo’s claim of witnessing Mbenenge hugging Dala, Nkqayi said according to her recollection, the claim is not true.
She further clarified that she did not witness any such incident. She noted that her desk directly faces Mbenenge’s office door.
Nkqayi confirmed she only left her desk to fetch Dala after Mengo had left and did not leave again after Dala’s departure.
“I did not leave my desk when Mengo left, except for when I went to call Dala, who came into the office of the JP after me. When she was in the office with the JP, I was at my desk, and the door was closed,” she stated.
The tribunal continues.
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