The Judicial Service Commission (JSC) has confirmed that Eastern Cape Judge President Selby Mbenenge remains on special leave pending its final decision on a Judicial Conduct Tribunal report into misconduct allegations.
In a statement, the JSC said the Office of the Chief Justice confirmed that Mbenenge is on special leave.
The commission said the leave was granted in terms of Regulation 5(3) of the regulations issued under the Judges’ Remuneration and Conditions of Employment Act and will remain in place until it has completed its processes.
“The leave will remain in effect until the Judicial Service Commission 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,” the JSC said.
The commission is scheduled to convene on March 5 to consider the tribunal’s report. It stated that it would not engage publicly on the matter while its processes are underway.
“No further comment will be made at this stage, 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,” the commission said.
Cleared of gross misconduct
The statement comes after the tribunal recently cleared Mbenenge of gross misconduct relating to allegations of sexual harassment brought by judges’ secretary Andiswa Mengo.
It found that the evidence did not establish sexual harassment as defined under the applicable standards.
However, the tribunal found him guilty of a lesser form of misconduct, concluding that he had engaged in what it described as a flirtatious relationship with Mengo that was inappropriate given his position.
The JSC, with the authority to determine the appropriate outcome, must consider the tribunal’s findings, which are not final.
Mengo’s legal representatives have criticised aspects of the tribunal’s findings, expressing concern about how the evidence was assessed and how sexual harassment complaints within the judiciary are handled.
They have indicated they will study the JSC’s final decision before determining their next legal steps, maintaining that the matter raises broader concerns about power dynamics and the treatment of complainants in judicial disciplinary proceedings.
READ MORE:Â What Judge Selby Mbenenge, Andiswa Mengo lawyers said in closing arguments
