The court secretary who accused Eastern Cape Judge President Selby Mbenenge of sexual harassment has been relocated to a different court as the Judicial Service Commission prepares to decide on possible sanctions against him.
Andiswa Mengo laid a complaint against Mbenenge in 2023, alleging sexual harassment through WhatsApp messages and an incident in his chambers. A Judicial Conduct Tribunal recently found Mbenenge not guilty of gross misconduct and sexual harassment but guilty of a lesser misconduct charge for initiating a flirtatious relationship with a subordinate during working hours .
The Women’s Legal Centre, representing Mengo, confirmed she has been moved for her wellbeing and no longer works in the same court .
Mbenenge remains on special leave until the JSC completes its deliberations. The office of the Chief Justice confirmed the leave will continue until the JSC considers the tribunal’s report and formally communicates its decision . The JSC is scheduled to meet on 5 March 2026 to consider the matter .
The tribunal’s 169-page report found that WhatsApp exchanges between Mengo and Mbenenge were consensual and that there was insufficient evidence to support the sexual harassment claim . It also made adverse credibility findings against Mengo, stating she had misled the tribunal .
Mengo’s legal team has indicated they will make submissions to the JSC challenging the tribunal’s findings. Lawyer Chriscy Blouws said the tribunal’s framing “romanticises sexual harassment in the workplace” and could send a chilling message to women considering reporting such conduct .
The JSC has several sanction options available, including a reprimand, written warning, fine, or compulsory counselling. If the JSC overturns the tribunal and finds gross misconduct, removal from office through impeachment becomes possible .
Legal analysts note the case tests South Africa’s judicial oversight mechanisms. Alison Tilley of Judges Matter said both parties will be invited to make written submissions arguing for or against the tribunal’s conclusions before the JSC takes a final decision .
