Mbenenge found not guilty of gross misconduct

Eastern Cape High Court Judge President Selby Mbenenge has been found not guilty of gross misconduct.

Mbenenge avoided impeachment after a judicial tribunal cleared him following allegations of sexual harrassment by his secretary Andiswa Mengo

He has however been found guilty of breaching the code of judicial conduct and inappropriate conduct for a judge

Mengo’s case rested on Whatsapp chats with Mbenenge.

She claimed the tone of his messages and explicit images crossed the line and made her uncomfortable.

During the hearings Mbenenge accepted the exchanges with her but challenged parts of the evidence.

He denied sending explicit images and argued that the exchanges between them showed a two-way flirtation rather than one sided and unwanted advances.

The tribunal agreed that there was no evidence of sexual harassment and that the Whatsapp chat exchanges were consensual and not unwelcome.

The report will be submitted to the judicial services commission for a final decision on a sanction.