JSC finds Eastern Cape Judge President Mbenenge guilty of gross misconduct

The Judicial Service Commission (JSC) has found Eastern Cape Judge President Selby Mbenenge guilty of gross misconduct following a sexual harassment complaint lodged by Andiswa Mengo.

Mbenenge had faced a sexual harassment complaint from Mengo who shared explicit text messages he had sent her for more than a year. She filed the complaint on 23 January 2023.

The decision follows a 5 March 2026 meeting where the Commission considered the findings of the Judicial Conduct Tribunal, which had concluded that Mbenenge was guilty of misconduct not amounting to gross misconduct and cleared him of gross incompetence and incapacity.

However, after reviewing the tribunal’s report and written submissions from both parties, the JSC rejected those findings. It determined that, based on the common cause facts, Mbenenge’s conduct meets the threshold for gross misconduct in terms of Section 177(1)(a) of the Constitution.

The Commission will now submit its findings, along with reasons and the tribunal’s report, to the Speaker of the National Assembly in line with the Judicial Service Commission Act.

In addition, the JSC has invited both parties to make further written submissions on whether it should advise the President to suspend Mbenenge pending the outcome of parliamentary processes.