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Judge President Selby Mbenenge Challenges Misconduct Findings
Eastern Cape Judge President Selby Mbenenge has approached the High Court to overturn misconduct findings made against him by a Judicial Conduct Tribunal and the Judicial Service Commission.
The case stems from sexual misconduct allegations by a senior court official, which triggered a judicial disciplinary process involving a tribunal hearing and review by the JSC. The complainant alleged unwelcome messages and interactions, while Mbenenge maintained the conduct was consensual and did not amount to misconduct.
The Judicial Conduct Tribunal initially found no gross misconduct, but concluded that Mbenenge’s conduct amounted to lesser misconduct in a professional workplace context. The JSC later disagreed with aspects of that outcome, finding that the conduct constituted gross misconduct when considering the power imbalance and the nature of the relationship.
Mbenenge is now asking the High Court to review and set aside the findings, arguing that the process was procedurally unfair, irrational, and not supported by the evidence. He also claims he was not properly informed of the case he had to answer.
The matter is expected to be heard in due course.