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 flirtatious relationship with Mengo during working hours through a series of WhatsApp messages.
The Tribunal emphasised that while the conduct was inappropriate, it did not amount to sexual harassment or the kind of gross misconduct that would warrant removal from judicial office.
The Tribunal also found that Mengo had perjured herself and lied under oath during the proceedings, undermining the credibility of her allegations.
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The case has attracted significant public attention as Mbenenge, one of the country’s most senior judicial figures, faced accusations that threatened his career and the integrity of the judiciary.
The JSC established the Tribunal to investigate whether his actions constituted grounds for impeachment.
Mbenenge consistently denied the allegations of sexual harassment, maintaining that his interactions with Mengo were consensual and did not interfere with his judicial responsibilities.
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