By Marcus Moloko
The Judicial Conduct Tribunal has cleared Eastern Cape Judge President Selby Mbenenge of allegations of sexual harassment and gross misconduct brought against him by high court secretary Andiswa Mengo.
The tribunal ruled that although he engaged in inappropriate conduct, it did not rise to the level of gross misconduct under the Constitution.
The Tribunal, mandated by the Judicial Service Commission (JSC), delivered its findings on 21 January following months of hearings into Mengo’s complaint.
The panel concluded that Mbenenge was not guilty of gross misconduct, gross incompetence, or gross incapacity as defined under Section 177 of the Constitution.
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The Tribunal did find that Mbenenge was guilty of a lesser form of misconduct.
It was determined that he contravened Article 5.1 of the Code of Judicial Conduct by initiating and conducting a
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