Ex-JSC Advisor Denies Zondo Tried to ‘Improve’ Mbenenge Sexual Harassment Complaint

Former Judicial Service Commission (JSC) legal advisor Kutlwano Moretlwe has denied that ex-Chief Justice Raymond Zondo attempted to alter or “improve” a sexual harassment complaint made against Eastern Cape Judge President Selby Mbenenge.

This comes amid ongoing testimony before the Judicial Conduct Tribunal, which is investigating the complaint laid by High Court secretary Andiswa Mengo. She alleges that Judge President Mbenenge made persistent and unwanted sexual advances between 2021 and 2022.

Disputed Claim About Zondo’s Role

Earlier in the tribunal proceedings, Mbenenge’s legal team suggested that Zondo had been dissatisfied with Mengo’s initial statement and asked her to submit a second, possibly more detailed, complaint. They referred to this second submission as an “improved complaint.”

However, testifying on Thursday, Moretlwe firmly rejected this narrative, saying that the second affidavit was only necessary because the original complaint had been misplaced.

“I could not recall that the complaint was misplaced. That’s why I kept referring them to go and check in my office,” Moretlwe told the tribunal. “It’s only when I heard her saying it was misplaced during the proceedings that it jogged my memory.”

She added that Zondo had then asked her to contact Mengo to lodge the complaint again—this time as a sworn affidavit.

Context of the Complaint

Mengo first reported the alleged misconduct in December 2022 at the Office of the Chief Justice (OCJ) in Midrand. According to her, the original complaint was lost, and she was later asked to submit a new version.

Mengo relied on WhatsApp messages exchanged with Mbenenge to substantiate her claims. Her testimony was supported by digital forensic analyst Francois Moller and forensic linguist Dr. Zakeera Docrat, who examined emoji usage and digital records during earlier tribunal sessions.

‘I Offered to Help Her’

Moretlwe testified that when Mengo expressed uncertainty about how to draft the affidavit, she offered assistance—not to alter the content but to ensure the document met the required format.

“She [Mengo] told me she didn’t know how to do an affidavit, and I offered to help her,” Moretlwe said. “It was purely procedural.”

Evidence leader Salome Scheepers also challenged the “improved complaint” framing, arguing that it was inaccurate given the tribunal has no clear understanding of Zondo’s initial concerns.

What Happens Next?

The tribunal continues to probe whether the process followed in laying the complaint was above board and whether there was any undue influence in how the complaint was handled. At the heart of the matter is whether the judiciary can be trusted to handle serious allegations involving its most senior members with transparency and accountability.

{Source: The Citizen}

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