An official in the office of Chief Justice helped the woman that has accused the top Eastern Cape judge of sexual harassment make her case.
Sunday World has seen communication between the woman, Andiswa Mengo, and the official with the subject Draft Affidavit.
Mengo has told the Judicial Conduct Tribunal that Eastern Cape Judge President Selby Mbenenge sexually harassed her.
The tribunal is probing a gross misconduct claim against the judge.
He allegedly sent her suggestive WhatsApp messages
She accused him of sending her a series of salacious messages via WhatsApp, including a photo of his genitalia.
Sunday World can reveal that Mengo filed her first complaint with the Office of the Chief Justice on or about December 8, 2022.
It was returned to her, allegedly for her to submit a better one.
The chief justice at the time was Raymond Zondo but there is no evidence that indicates he ever saw the complaint.
In terms of the Judicial Service Commission rules, the Office of the Chief Justice must either admit or dismiss the complaint.
Mengo was given a chance to firm up complaint
Sunday World understands that evidence will be presented to the tribunal this week that reveals that instead of dismissing Mengo’s complaint, the office gave her an opportunity to firm it up.
In her affidavit to police, Mengo admitted she visited the Midrand office but didn’t reveal who she met or what was discussed.
This may explain why Mbenenge’s lawyers have informed the tribunal that they wish to subpoena Zondo to give evidence.
Sunday World has seen an email penned by a senior official in Zondo’s office on 20 December 2022. Its subject is Draft Affidavit and reads: “Dear Andiswa Kindly find the attached draft affidavit for completion. I sincerely apologise for the inconvenience caused.”
In the new complaint, Mengo did not mention she it was her second
In her fresh complaint submitted on 12 January 2023, Mengo doesn’t refer to the first despite it being acknowledged by the office in December 2022.
In this affidavit, she denied flirting with Mbenenge “at any stage” yet admitted to this in her testimony this week.
She also admitted to asking him for money “just to fob him off”.
Sunday World understands that Mbenenge will tell the tribunal that he flirted with Mengo but that some evidence and photos were fake.
He will testify they were not from him.
His colleague told Sunday World that it would be a difficult mountain to climb for the judge to restore his reputation. This in the wake of the details of his crude alleged sexual advances being laid bare.
A colleague believes the judge will not emerge from this unscathed
“He is facing an uphill battle to restore his reputation following these allegations. Sexual harassment is a serious issue in our society. This case may well reveal policy gaps within the judiciary. Clearly there’s no policy on sexual harassment in the judiciary.
“Even if Andiswa’s complaint doesn’t meet the threshold to make a case of sexual harassment, Judge Mbenenge may not be left unscathed, given his position,” the colleague, who asked not to be named, said.
Mbenenge’s lawyers are expected to start their cross-examination of Mengo this week. They are also expected to bring witnesses to testify on his behalf. Whether Zondo is subpoenaed or not remains to be seen.
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