The Eastern Cape judge president Selby Mbenenge’s defence team, led by advocate Muzi Sikhakhane, persisted in interrogating judge’s secretary Andiswa Mengo.
On Tuesday, Mengo was able to keep her emotions in check in front of the tribunal, unlike when she was still testifying.
Going through her statement, Sikhakhane mentioned that Mengo lied about how she truly felt during the exchange of messages with the judge president.
Defence grilled accuser
“You did not communicate how you truly felt, so you lied? You even went as far as saying you did all of that to please him, do you agree?” Sikhakhane asked.
“Yes,” Mengo replied.
“Now my question is, are you a liar?” said Sikhakhane following up.
“No, I am not,” Mengo responded.
Sikhakhane questioned Mengo’s responses to the inappropriate messages that she received from the judge president.
“Now, in your testimony, you told this tribunal about how disgusted you would get each time the respondent sent you these messages. But for someone who was disgusted, you were pretty curious to see the messages that he had deleted,” said Sikhakhane.
“I am assuming you are an adult, a divorcee, and I understand the power dynamics. But this person continued to send these pictures. And when he deleted them, you asked him why he deleted them, why?” Sikhakhane asked.
Focus of the pictures
In her response, Mengo said it was her phone and therefore she deserved to see the deleted messages.
According to Sikhakhane, in Mengo’s statement, she said she took a screenshot of a picture that Mbenenge sent before he deleted it.
“Did you ever delete messages that were sent by you to the respondent?” asked Sikhakhane.
“No,” Mengo replied.
“Even if we were to consult an expert to look at your phone, and retrieve all the information in your phone, we wouldn’t find anything?” Sikhakhane added another question.
“According to my knowledge, I did not delete anything,” Mengo said.
The presiding officer of the hearing, retired judge Bernard Ngoeoe, interjected. He asked Mengo if she meant according to her recollection instead of her knowledge.
Mengo never faltered, maintained her word
However, Mengo maintained her word.
“According to my knowledge, that is what I meant, chair,” she clarified.
Sikhakhane asked why Mengo continued to entertain the gross messages from his client.
“After forwarding a sexual picture of a woman sucking a man’s private part and asked ‘BJ=?’, you kept quiet and he asked you if he was wrong. But to my surprise your response was ‘not at all’. At the very least, a disgusted person would have used this opportunity to inform the respondent that they did not appreciate the messages, do you agree?” he asked.
Hearing adjourned for Wednesday
Mengo disagreed before the hearing adjourned for Wednesday.
Today marked the first day of cross-examination and the seventh day of the tribunal.
The tribunal’s task is to decide if the judge president acted in a gross manner, and whether Mengo had been sexually harassed.
Sunday World understands that Mbenenge would not be providing testimony during the hearing.
