Mbenenge back on special leave

Eastern Cape judge president Selby Mbenenge,who returned to work just days after being found guilty of misconductby a judicial conduct tribunal, is back on “special leave”, whether he likes it or not. Chief Justice Mandisa Maya on Wednesday night issued a statement saying that he should remain on special leave until the Judicial Services Commission (JSC) had consideredthe tribunal’s decisionin line with the Judicial Service Commission Act . Mbenenge returned to work on Monday last week immediately after he was cleared of sexual harassment and gross misconduct by the tribunal.

But, while cleared of the more serious charges, he was found guilty of misconduct for inappropriate conduct in the workplace. Mbenenge was allowed to opt for special leave exactly two years ago when the judicial conduct tribunal started its probe into allegations of sexual harassment brought against him by high court secretary Andiswa Mengo. At the time, advocacy group Judges Matter criticised the move saying all judges up until this case had been suspended rather than being allowed to take special leave.

Judges Matter said that his return to work was premature and was “difficult to reconcile with the law and practice”. “The disciplinary process is incomplete until the JSC has considered the report and made its own determination. … Therefore, there’s still a long way before the judge is cleared to (return) to work.” The Office of the Chief Justice said in a statement that the JSC was scheduled to convene a sitting for consideration of the Tribunal’s report on March 5.

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“The leave will remain in effect until the JSC has concluded its consideration of the report of the Judicial Conduct Tribunal and has formally communicated its decision.” The OCJ said no further comment would be made “in deference to the independence of the JSC process and the applicable legal framework.:. “Further communication will be issued once the JSC has concluded its deliberations and its decision has been formally conveyed.” Click here to join the Daily Dispatch’s WhatsApp channel and get the latest news delivered straight to your phone.

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