Judge Mbenenge tribunal postponed after dispute over expert witness
Tribunal will reconvene on 30 June
The Judicial Conduct Tribunal into a complaint of sexual harassment against Eastern Cape Judge President Selby Mbenenge (above) has been postponed to 30 June. Photo: Office of the Chief Justice / N Mabusela
The Judicial Conduct Tribunal ruled on Tuesday that gender violence expert Dr Lisa Vetten can testify at the hearing in which Eastern Cape Judge President Selby Mbenenge is facing allegations that he sexually harassed judge’s secretary Andiswa Mengo.
The tribunal has adjourned until 30 June to give Vetten time to prepare and for the defense to review her evidence.
Mbenenge’s lawyers had on Monday objected to Vetten giving evidence, saying it was irrelevant. But after considering the issue overnight, tribunal chair Judge Bernard Ngoepe said he would rather “err on the side of caution”.
“We can hear her evidence and decide at any time if it is irrelevant or not,” he said on Tuesday.
Vetten is expected to delve into the “power dynamics” at the court, the fact that Mbenenge was the boss and Mengo a relative junior employee.
But she has yet to file the required final summary of her expert evidence, which Mbenenge’s legal team would need to decide if they were going to challenge it through their own expert.
On Monday, Mbenenge’s advocate Muzi Sikhakhane indicated that Mbenenge might start giving his evidence on Tuesday or that the defence might call other witnesses in the meantime.
But it was apparent on Tuesday morning that this was no longer on the cards. “It appears they are no longer willing to do that,” said evidence leader Salome Scheepers.
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