Judge Selby Mbenenge faces possible impeachment after JSC rejects tribunal findings

The Judicial Service Commission (JSC) has overturned a finding of a Judicial Conduct Tribunal, which considered a sexual harassment complaint against Eastern Cape High Court Judge President Selby Mbenenge, and has replaced it with one of gross misconduct.

Mbenenge had faced a sexual harassment complaint from a high court secretary who shared explicit text messages he had sent her for more than a year, starting in 2021.

The commission said it will now consider asking the President to suspend Mbenenge pending Parliament’s consideration of whether to institute impeachment proceedings against the judge.

At a meeting on 5 March, the JSC met without MPs to consider representations from both parties.

ALSO READ: Mbenenge found not guilty of gross misconduct

JSC to put final nail in the coffin regarding Mbenenge tribunal report

In reviewing the findings of the tribunal, the JSC said it believed it erred by finding Judge Mbenenge guilty of misconduct.

Instead, it said on the common cause facts, the judge’s conduct constitutes gross misconduct in terms of Section 177(1)(a) of the Constitution.

These findings could trigger cause for an impeachment.

Accordingly, the JSC said it will now send its findings, together with its reasons and a copy of the report, to the Speaker of the National Assembly.

In its report, the JSC said the tribunal failed to properly consider the impact of the relationship of power between the judge and the complainant.

It said this was relevant to its assessment of whether or not his advances were unwelcome.

"Instead, it approached the matter on the basis that the parties were consenting adults on an equal footing who had the right to freedom of association, thereby giving insufficient weight to the significance of the disparity in position between them."

In reaching its finding, the JSC said Mbenenge also showed no remorse for his conduct.