The Judicial Conduct Tribunal has found Eastern Cape Judge President Selby Mbenenge not guilty of gross misconduct, gross incompetence and gross incapacity.
However, he was found guilty of a lesser offence, which will not lead to his impeachment.
“It is the finding that Mbenenge is guilty of a degree of misconduct that does not amount to gross misconduct in that he, at a place of work and during working hours, initiated and subsequently conducted a flirtatious relationship with Mengo through a series of WhatsApp messages exchanged between them.”
The hearing against Mbenenge last year saw witnesses contradicting each other, as the Judicial Conduct Tribunal sought to determine whether Mbenenge sexually harassed the secretary for the judges, Andiswa Mengo.
The Tribunal, comprising Judge B M Ngoepe, retired Judge-President of the Gauteng Division of the High Court, Tribunal President, and Judge C Pretorius, retired Judge of the Gauteng Division of the High Court and Advocate G Mashaba SC, as a non-judicial member of the Tribunal, commenced in January 2025.
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