Eastern Cape Judge President Selby Mbenenge Faces Impeachment After JSC Finds Him Guilty of Sexual Harassment and Gross Misconduct
EASTERN CAPE – Eastern Cape judge president Selby Mbenenge is likely to face impeachment proceedings after the Judicial Services Council (JSC) yesterday found him guilty of both sexual harassment and gross misconduct.
The JSC has overturned a judicial conduct tribunal’s finding that the judge president was guilty of misconduct only. The tribunal controversially cleared Mbenenge of sexual harassment and gross misconduct in relation to a series of inappropriate WhatsApp messages he sent to Makhanda high court secretary Andiswa Mengo. She laid a charge of sexual harassment against Mbenenge and produced as evidence hundreds of sexually explicit messages sent over the period of about 11 months.
In its 169-page ruling, the tribunal found the messages exchanged had been consensual and not unwelcome by Mengo, and that there was therefore no sexual harassment or gross misconduct.
But after considering that report as well as further written submissions by both Mbenenge’s and Mengo’s lawyers, the small JSC rejected its findings.
The JSC agreed with the tribunal that, on the admitted facts, Mbenenge was guilty of contravening the judicial code of conduct requiring judges to always act honourably and in a manner befitting judicial office. But it went much further than the tribunal in that it considered the “nature, content and context” of the messages and the fact that they were initiated by Mbenenge and sustained over a period of time.
The nature of the messages “bore directly on the standard of conduct expected of a judge and, more particularly, of a judge president engaging with a junior member of staff”, the small JSC said in its report. “This is conduct incompatible with the standard of honourable behaviour and propriety required of judicial office.”
The JSC roundly rejected the tribunal’s finding that there had been no sexual harassment, saying it did not apply the appropriate standard and failed to consider whether Mbenenge ought to have known his conduct was unacceptable.
It said Mbenenge had shown no remorse for his conduct and that his actions constitute an affront to the propriety of judicial office and the values underpinning the constitution.
The report now puts Mbenenge firmly in parliament’s crosshairs for possible impeachment. The Judicial Conduct Committee secretariat said it would submit the small JSC’s findings and report to National Assembly speaker Thokozile Didiza.
It said that in the meantime, both Mengo and Mbenenge had been invited to make written submissions on whether, pending any impeachment process, the JSC should advise President Cyril Ramaphosa to suspend Mbenenge.
The Women’s Legal Centre, representing Mengo, said it would comment later. The case has ignited a national conversation about the standards of conduct expected of judicial officers and the importance of accountability within the judiciary. The outcome of the impeachment proceedings will have significant implications for the integrity of the South African legal system.
