Judges Matter welcomes JSC finding Mbenenge guilty of misconduct

Judges Matter has welcomed the Judicial Service Commission (JSC)’s finding that Eastern Cape Judge President Selby Mbenenge is guilty of gross misconduct.

This relates to a complaint of sexual harassment by his former secretary, Andiswa Mengo, with the JSC concluding that Mbenenge’s conduct was inappropriate and incompatible with the standards expected of judicial office.

The commission will now refer its findings to the National Assembly - a move that could trigger proceedings to remove him from office.

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The JSC found that Mbenenge pursued a relationship of a sexual nature with Mengo, despite a clear power imbalance, and failed to appreciate the responsibilities of his position.

It also criticised an earlier tribunal finding, saying it understated the seriousness of the conduct and failed to account properly for the power dynamics involved.

The commission said the conduct undermines core values of the judiciary, including integrity, accountability and public trust.

Researcher at Judges Matter Mbekezeli Benjamin said, “The JSC’s finding shows that it does take misconduct, especially of a sexual nature, seriously.”

The matter now shifts to Parliament, where lawmakers will decide whether to support his removal from office.