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.
16 April 2026
JUDICIAL SERVICE COMMISSION
MEDIA STATEMENTJUDICIAL SERVICE COMMISSION’S DECISION ON THE COMPLAINT LODGED BY MS ANDISWA MENGO AGAINST JUDGE PRESIDENT SELBY MBENENGE OF THE EASTERN CAPE DIVISION OF THE HIGH COURT
The JSC Report on this matter can be found here:… pic.twitter.com/4gU7XD4C7L
— RSAJudiciary (@OCJ_RSA) April 16, 2026
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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