No Impeachment for Eastern Cape Judge President After Tribunal Ruling
- The Judicial Conduct Tribunal has ruled that Eastern Cape Judge President Selby Mbenenge is not guilty of gross misconduct
- The complaint, brought by his former personal assistant, alleged sexual harassment linked to flirtatious WhatsApp messages and workplace interactions
- While the Tribunal found that Mbenenge’s behaviour amounted to a lesser form of misconduct, it concluded that it did not meet the threshold for gross misconduct
Source: Twitter
Eastern Cape Judge President Selby B. Mbenenge has narrowly avoided impeachment after a Judicial Conduct Tribunal ruled that he is not guilty of gross misconduct. The investigation stemmed from a complaint lodged by his former personal assistant, Andiswa Mengo.
According to Newzroom Afrika, the Tribunal’s findings, released on 31 January 2026, concluded that while his behaviour amounted to a lesser form of misconduct, it did not meet the threshold for gross misconduct, sexual harassment, gross incompetence, or gross incapacity.
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Background of the case
The complaint was initially submitted to the Office of the Chief Justice by Mengo, a High Court secretary in the Eastern Cape Division, in late 2022. She alleged that Judge President Mbenenge had sexually harassed her through a pattern of unsolicited advances, inappropriate remarks and explicit WhatsApp messages sent during working hours.
After a preliminary review, the Judicial Complaint Committee found a prima facie case and recommended that a full Judicial Conduct Tribunal be established to determine whether the judge president’s conduct amounted to gross misconduct that could justify impeachment.
The Tribunal proceedings
The Tribunal convened in January 2025 under the chairmanship of retired Judge President Bernard Ngoepe, with retired Judge C. Pretorius and Advocate M.G. Mashaba serving as panel members. Over several months, the hearing considered testimony from both parties, digital forensic evidence and statements from witnesses.
Central to the case were alleged WhatsApp exchanges between Mbenenge and Mengo. Mengo described the messages as “jocular and flirtatious” and said they were largely unwelcome. Mbenenge admitted to engaging in flirtatious communication but insisted he believed the interactions were consensual and did not constitute sexual harassment.
Cellphone expert testifies on WhatsApp messages
During the hearings, a cellphone expert told the Judicial Conduct Tribunal that no trace of WhatsApp messages or photos between Mbenenge and Mengo could be found on their devices. This raised serious questions about the digital evidence at the centre of the allegations. The testimony highlighted the difficulty of proving the existence and authenticity of the messages that formed a key part of the complaint.
Social media reacts to the ruling
The Tribunal’s decision has sparked heated debate online, with South Africans sharply divided over the outcome.
@lifelikedrone said:
“Anyone who watched the proceedings would have seen that it was quite clear he had done nothing wrong.”
@NgwepeThapedi wrote:
“A Judge President versus a junior secretary—there is no such thing as consensual flirting. Any such behaviour should automatically be considered gross misconduct, bottom line."
@RbrtPhiri commented:
“This was not sexual harassment. The complainant encouraged it. But the judge was still wrong, morally as a leader, for pursuing a subordinate.”
@BikonciousMan added:
“Advocate Muzi Sikhakhane SC fought a good fight for JP Mbenenge. This is what having a good lawyer does—victory.”
@Jikingqina argued:
“This is unfortunate. This is why gender-based violence will not end in this country. Mbenenge abused Andiswa using his position. This is a miscarriage of justice.”
Source: Twitter
In a similar incident, Briefly News reported that former MK Party Mpumalanga convenor Mary Phadi has publicly accused MK Party Deputy President Dr John Hlophe of making unwanted sexual advances toward her after a leadership meeting in Mbombela in August 2024, and she has called for his suspension over the alleged conduct. Phadi claims that after she rejected the advances, she was vilified and faced a campaign against her within the party, and she has vowed to pursue the matter legally with supporting messages.
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Source: Briefly News
