Judge Mbenenge’s return sparks legal showdown after sexual harassment misconduct ruling

As Judge President Selby Mbenenge readies for his return to work, Andiswa Mengo’s legal team is devising their strategy in response to the Judicial Conduct Tribunal’s findings on his conduct. A significant legal battle is on the horizon as Andiswa Mengo, the sexual harassment complainant, gears up to contest the Judicial Conduct Tribunal’s contentious findings regarding Eastern Cape High Court Judge President Selby Mbenenge. Although the tribunal cleared Mbenenge of gross misconduct, it found him guilty of a lesser charge of misconduct.

Tensions have escalated amid reports that the judge intends to return to the bench before the Judicial Service Commission delivers its final ruling, despite growing calls for Chief Justice Mandisa Maya to intervene. Recently, the tribunal confirmed in its report that JP Mbenenge is not guilty of gross misconduct while he was found guilty of a degree of misconduct due to his flirtatious relationship with Mengo. The report found that the “flirtatious – others very salacious” exchange of WhatsApp messages between Mengo and JP Mbenenge was flirtation between two adults and this was consensual.

Andiswa Mengo accused Eastern Cape Judge President Selby Mbenenge of sexual harassment. The JCT panel – which was made up of retired Gauteng High Court Judge President Bernard Ngoepe as the Tribunal chairperson, and retired Judge Cynthia Pretorius and Advocate Gift Mashaba SC – said that the omission of “flirtatious and salacious messages that she herself had written and sent” to JP Mbenenge did immeasurable harm to her case.