Eastern Cape Judge President Selby Mbenenge has been placed on special leave, the Office of the Chief Justice confirmed on Wednesday.
According to the Office of the Chief Justice, the special leave was granted in terms of Regulation 5(3) of the Regulations issued under the Judges’ Remuneration and Conditions of Employment Act 47 of 2001.
“The leave will remain in effect until the Judicial Service Commission (JSC) has concluded its consideration of the report of the Judicial Conduct Tribunal and has formally communicated its decision, in accordance with section 20(6) of the Judicial Service Commission Act 9 of 1994,” it said.
No further comment
The JSC is scheduled to convene a sitting for consideration of the Tribunal’s report on 5 March 2026.
The Office of the Chief Justice said it would not be providing any further comment in deference to the independence of the JSC process and the applicable legal framework.
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Sexual harassment
Mbenenge who faced sexual harassment allegations from secretary for the judges, Andiswa Mengo was found not guilty of misconduct, gross incompetence and gross incompetency in January.
However, he was found guilty of a lesser offence for initiating and conducting a flirtatious relationship with Mengo on the social media platform WhatsApp, which will not lead to his impeachment.
Contradictions
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.
Mengo lodged a complaint against Mbenenge, accusing him of sexual harassment after he allegedly persistently asked her to send him explicit images and also sent him his own in exchange.
Pictures
In her testimony, Mengo told the Tribunal she found these requests for pictures “annoying” and felt that he was forcing her to send them.
She accused him of sexually harassing her through messages on WhatsApp, inappropriate comments, gestures regarding her appearance, and another incident that occurred in his chambers in November 2022.
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