JSC to consider tribunal report clearing Mbenenge of gross misconduct

The Judicial Service Commission (JSC) will consider a tribunal report clearing Eastern Cape Judge President Selby Mbenenge of gross misconduct, a finding that spared him from impeachment.

Mbenenge has been placed on special leave until the JSC reviews the report and announces its decision in March.

He was accused of sexual harassment by his secretary, Andiswa Mengo.

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While the Judicial Conduct Tribunal cleared Mbenenge of an impeachable offence of gross misconduct, it found him guilty of misconduct for behaviour unbecoming of a judge; a finding that could have serious consequences.

Mengo's case was based on WhatsApp messages between herself and Mbenenge.

However, the tribunal found she had lied in her testimony and was a willing participant in the text exchanges, a finding that has affected her credibility as a witness.

The JSC will in March decide whether to confirm or overturn the tribunal’s findings and what sanction, if any, to impose.