The judicial tribunal investigating sexual harassment allegations against Eastern Cape Judge President Selby Mbenenge has rejected a new witness.
The witness was proposed by Mbenenge’s legal team, following the conclusion of cross-examination of ICT expert Dr Vincent Mello on Friday morning.
Unathi Sogoni, a stenographer from Makhanda High Court, testified before the tribunal, presided over by retired Judge Bernard Ngoepe.
Former friend of accuser
Led by Advocate Griffiths Madonsela, Sogoni revealed that she was once friends with the complainant, Andiswa Mengo, the judges’ secretary.
However, she stated that their friendship ended due to Mengo’s conduct.
“Because we were friends, we would have conversations,” Sogoni said, describing their past relationship.
She added that their friendship deteriorated due to the way Mengo conducts herself and how she treats other people.
Advocate Madonsela, representing Mbenenge, declined to delve into details about Mengo’s character. He, preferred to focus on her interactions with the judges.
However, the tribunal paused proceedings when Ngoepe raised concerns about two statements submitted by Madonsela regarding Sogoni’s testimony.
“Mr Madonsela, you furnished us with a statement by the witness,” Ngoepe said.
“I did, they are two in fact,” Madonsela replied.
Focus on two statements
Ngoepe, after consulting with fellow panellists, ruled that Sogoni could not present evidence based on the contents of these statements.
“We have gone through the two statements made by the witness. She cannot lead the evidence on the contents of these two statements.
“If you want to persist to lead the evidence on the contents of these documents, you have to make out a case for that. We are of the view that large parts of it are hearsay. It is evidence on the character of a person. And the contents of these statements have not been put to the complainant when she testified,” Ngoepe stated.
He further noted that the statements were irrelevant to the hearing.
“It raises more problems than it adds any value,” he added.
Power dynamics
Advocate Nasreen Budlender, representing Mengo, supported Ngoepe. He argued that Sogoni lacked the expertise to testify on power dynamics.
“Miss Sogoni is not an expert. And this panel does not need to know about power dynamics from someone we know has a fractious relationship with the complainant [Mengo],” Budlender said.
The tribunal’s decision to exclude Sogoni’s testimony underscores its focus on maintaining relevance. And also on avoiding hearsay in the high-profile case. The proceedings continue as the panel evaluates the allegations against Mbenenge.
