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Selby Mbenenge’s legal team: Andiswa Mengo did not fear authority as suggested by witness

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Tribunal investigating allegations

Eastern Cape Judge President Selby Mbenenge’s legal team said that high court secretary, Andiswa Mengo, did not fear authority as suggested by expert witness, Lisa Vetten.

Vetten testified before the Judicial Conduct Tribunal sitting in Sandton, Johannesburg that Mengo may have experienced difficulty in rejecting the sexual advances made by the top judge, given his seniority and influence.

Selby Mbenenge’s legal team

Selby Mbenenge's legal team

But Advocate Muzi Sikhakhane argued that the contrary may be true.

The judges’ secretary accused the Eastern Cape’s highest judge of making unwanted sexual advances towards her between 2021 and 2022, leading to the tribunal’s investigation.

Vetten was cross-examined before the tribunal on her interpretation of the exchanges between the pair on the social media platform, WhatsApp, between 2021 and 2022.

Selby Mbenenge tribunal

The gender expert previously conceded that she did not have sight of the entire record but Sikhakhane probed Vetten on whether her testimony would change if she was aware of Mengo’s ability to challenge authority.

Sikhakhane: “When you make an assumption that someone fears authority and therefore, that’s why you should not believe them when they say ‘yes’, believe them when they say this, when I give you an example of a particular complainant has exhibited a propensity different from your assumption which is actually does not fear authority, would it not affect your analysis?

Vetten: “It would depend on the information.”

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