Eastern Cape Judge President Selby Mbenenge has been found not guilty by the JSC tribunal of accusations of sexual harassment against him, levelled by a high court secretary, Andiswa Mengo. A Judicial Tribunal, appointed by the Chief Justice, has concluded its investigation intoa sexual harassment complaint lodged by Andiswa Mengo against Judge President Selby B. Mbenengeof the Eastern Cape Division of the High Court.
Mbenenge While the Tribunal found no evidence of gross misconduct, gross incompetence, or gross incapacity, it did determine that Judge President Mbenenge was guilty of misconduct not amounting to gross misconduct, specifically for contravening Article 5.1 of the Code of Judicial Conduct. The complaint, initially lodged with the Office of the Chief Justice (OCJ) and later reviewed by the Judicial Complaint Committee (JCC),alleged sexual harassment by Judge President Mbenenge. The JCC, on September 14, 2023, recommended a full investigation by a Tribunal, citing a prima facie case that, if substantiated, could lead to a finding of gross misconduct.
The Tribunal, comprising Retired Judge President B.M. Ngoepe, Retired Judge C. Pretorius, and Adv.
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Mashaba SC conducted a new hearing, including the testing of parties’ versions through cross-examination and expert evidence. Mengo’s complaint was largely based on numerous WhatsApp messages exchanged between the parties. She alleged these messages, described as “jocular, flirtatious and even salacious,” were unwelcome.
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