News24 reports that High Court secretary Andiswa Mengo’s application to cross-examine Judge President Selby Mbenenge about his response to her sexual harassment accusations has been dismissed.

“After looking at the [Judicial Service Commission] Act and the rules, we are of the view that such a right should not be granted,” retired Judge President Bernard Ngoepe, who is chairing the Judicial Service Commission (JSC) tribunal into Mbenenge’s alleged gross misconduct, ruled on Tuesday. He later added that it was “troubling” that should Mengo’s application to cross-examine Mbenenge and his three intended defence witnesses be granted, it would result in them being cross-examined twice, rather than just once, as Mengo had been. Mengo’s advocate, Nasreen Budlender, had been allowed to question all the witnesses called by evidence leader Salome Scheepers. But Mbenenge’s legal team fiercely opposed Budlender being given the chance to cross-examine him or the three other witnesses he intends to call in his defence. In his ruling, Ngoepe indicated that while Budlender would not be able to question Mbenenge or his witnesses, Mengo and her lawyers would be given time to consult with Scheepers “if need be” about her cross-examination of the Judge President so that they could indicate to her which specific areas they wanted her to traverse. Mengo’s legal team would also be allowed to submit written arguments about her case against Mbenenge.   The hearing continues on Wednesday.

• Read the full original of the report in the above regard by Karyn Maughan at News24 (subscription / trial registration required)
• Read too, Cross-examination denied in Judge Mbenenge's sexual harassment tribunal, at IOL News
• And also, Mbenenge’s legal team pulls the ‘culture’ and every other card in Judicial Conduct Tribunal, at Daily Maverick

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