The Women’s Legal Centre (WLC) has welcomed the Judicial Service Commission’s (JSC) decision finding Eastern Cape Judge President Selby Mbenenge guilty of gross misconduct.
It called the ruling a “historic precedent” for gender justice in South Africa.
The WLC, which represents complainant Andiswa Mengo, issued a response on Friday to the tribunal’s findings.
It praised the JSC for correcting what it viewed as a failure to account for power dynamics in the workplace.
A rejection of workplace silencing
The centre emphasised that the JSC’s decision validates the lived experiences of women who face harassment from high-ranking officials.
By elevating the charge to gross misconduct, the WLC argues the commission has sent a clear message of “zero tolerance” for sexual harassment within the judiciary.
“This outcome…reinforces the ethical standards to which judges must be held,” the WLC stated.
“It affirms the duty of judicial officers to act honourably… in both their public and private lives.”
Overturning the tribunal’s findings
The matter stems from a 2022 complaint by Andiswa Mengo, a secretary at the Eastern Cape High Court in Makhanda, Eastern Cape, who accused Mbenenge of sexual harassment.
While the Judicial Conduct Tribunal (JCT) initially cleared Mbenenge of sexual harassment and gross misconduct, it did find him guilty of “misconduct simpliciter”.
The JCT had characterised the exchange of WhatsApp messages between the two as a “consensual, flirtatious relationship” that occurred during work hours.
However, the JSC has rejected that characterisation, arguing the JCT understated the significance of Mbenenge’s actions.
Challenging the power imbalance
The WLC highlighted several factors that led to the victory.
It pointed to the JSC’s recognition of the sexual nature of Mbenenge’s communications, including the clear power imbalance between a judge president and a secretary.
The centre also cited what it described as his lack of remorse and failure to appreciate the gravity of his position.
The legal team argued that the previous tribunal report effectively framed the conduct as a consensual, flirtatious relationship – a characterisation the JSC has now decisively overturned.
Next steps: suspension and accountability
Despite the guilty finding, the WLC expressed concern that Mbenenge was never suspended during the lengthy tribunal process.
The centre confirmed it would now make further submissions to the JSC, calling for his immediate suspension, while the National Assembly considers whether to institute impeachment proceedings.
“We commend Ms Mengo for her bravery in facing a system that often silences victims,” the WLC said.
“We unapologetically believe women, and we will continue to challenge the systems that silence them.”
