The Judicial Service Commission (JSC) has found Eastern Cape Judge President Selby Mbenenge guilty of gross misconduct and sexual harassment. This ruling overturns a previous decision by a Judicial Conduct Tribunal, which had found the judge guilty of misconduct that did not amount to gross misconduct.
Overturning the Tribunal’s Findings
The case originated from a 2022 complaint filed by Andiswa Mengo, a secretary at the Eastern Cape High Court in Makhanda, who accused Mbenenge of sexual harassment. While a Judicial Conduct Tribunal initially characterized the exchange of WhatsApp messages between the two as a “consensual, flirtatious relationship,” the JSC has now rejected that interpretation.
The JSC argued that the tribunal “understated the significance” of Mbenenge’s actions. Specifically, the commission found that the tribunal failed to account for the massive imbalance of power between a Judge President and a junior staff member.
Lack of Remorse and Judicial Integrity
In its written ruling, the JSC stated that Mbenenge’s conduct constitutes an affront to the propriety of judicial office and the values of the Constitution. The commission noted that the behavior undermines core judicial values, including integrity, accountability, equality, respect, and dignity.
The commission further highlighted that Mbenenge showed “no remorse” for his conduct. This finding serves as a significant blow to the tribunal’s original report, which had been chaired by retired judge Bernard Ngoepe.
Potential Impeachment and Suspension
The JSC will now submit its findings, reasons, and the full report to the Speaker of the National Assembly in accordance with the JSC Act. This process opens the possibility of impeachment for the 64-year-old judge under Section 177 of the Constitution.
the commission may call on President Cyril Ramaphosa to suspend Mbenenge. The JSC has requested written arguments from the involved parties regarding whether such a suspension is necessary while the constitutional process to determine his fate continues.
For more on the initial proceedings, you can read the previous report where EC Judge President Mbenenge was cleared of gross misconduct.
Frequently Asked Questions
What was the difference between the Tribunal and JSC findings?
The Judicial Conduct Tribunal found Mbenenge guilty of “misconduct simpliciter,” describing the interaction as a consensual, flirtatious relationship. The JSC overturned this, finding him guilty of both sexual harassment and gross misconduct.
Who filed the original complaint against Judge President Mbenenge?
The complaint was filed in 2022 by Andiswa Mengo, a secretary at the Eastern Cape High Court in Makhanda.
What could happen to Judge President Mbenenge next?
He may face impeachment proceedings under Section 177 of the Constitution and could potentially be suspended by President Cyril Ramaphosa pending the final decision of Parliament.
How should judicial bodies balance cultural traditions with constitutional standards of professional conduct?
