Judge President Selby Mbenenge found guilty of gross misconduct

by Zintle Mdaka

The Judicial Service Commission (JSC) has found  Eastern Cape Judge President Selby Mbenenge guilty of gross misconduct, overriding an earlier decision made by the Judicial Conduct Tribunal that had found him guilty of misconduct not amounting to gross misconduct.

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In the statement issued by RSA Judiciary on X (formerly Twitter), the Commission has asked the parties to submit written arguments on whether it should recommend that the president suspend Judge President Selby while the constitutional process to decide his fate is still underway. This opens the door to the 64-year-old judge’s possible impeachment, on the eve of his retirement.

“After consideration of the report of the Tribunal and representations of the parties made in terms of section 20(2) of the JSC act, the Commission did not accept the findings of the Tribunal that Judge President Mbenenge is guilty of misconduct not amounting to gross misconduct. The Commission found that on the common cause facts, the conduct of Judge President Mbenenge constitutes gross misconduct in terms of 177(1)(a) of the constitution.

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“The Commission will accordingly submit to the speaker of the National Assembly it’s finding, together with reasons and a copy of the report in accordance with section 20(4) of the JSC Act,” read the statement.

The matter stems from a 2022 complaint by a secretary at the Eastern Cape High Court in Makhanda, Andiswa Mengo, who accused Selby of sexual harassment. Andiswa stated that the esteemed judge sent unwarranted explicit images of his private parts, as well as some pornographic videos.

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