Judge Returns to Work Despite Misconduct Finding, Sparks Criticism

Eastern Cape Judge President Selby Mbenenge has resumed his duties despite a judicial conduct tribunal recently finding him guilty of misconduct.

Mbenenge was placed on special leave two years ago while the tribunal investigated sexual harassment allegations brought against him by a high court secretary. While cleared of gross misconduct and sexual harassment, he was found guilty of inappropriate workplace conduct.

Advocacy group Judges Matter has criticized his return, stating that the disciplinary process is not yet complete. The Judicial Service Commission (JSC) must still consider the tribunal’s report and make its own determination.

The Women’s Legal Centre, which represented the complainant, Andiswa Mengo, indicated it may make further submissions to the JSC and is considering a legal review of the tribunal’s findings.

The Chief Justice’s office has not yet commented on Mbenenge’s return to office.