The legal team on behalf of Judges Secretary, Andiswa Mengo, will not have the right to cross-examine Eastern Cape Judge President Selby Mbenenge, and any witnesses who will be called on his behalf. This comes as the Judicial Service Commission Act and the rules of the Tribunal do not accommodate the request from Mengos legal representatives, which comes as the landmark probe now turns to Mbenenges version of events.
The legal representatives of Judges Secretary Andiswa Mengos bid for the right to cross-examine Eastern Cape Judge President Selby Mbenenge and his witnesses, could not be accommodated by the Judicial Conduct Tribunal probing sexual harassment allegations against Mbenenge.
Chairperson of the Tribunal, Retired Judge President Bernard Ngoepe, gave the ruling.
"After looking at the act and the rules, we are of the view that such a right should not be granted, and we say so for certain considerations indicating that we strove in the discussion of our exercise in conducting our procedure we strove to achieve fairness as far as possible," says Ngoepe.
The tribunal noted, however, that certain considerations have been made in the name of fairness, which include that Mengos team will be able to consult with the Evidence Leader when cross-examination arises.