Johannesburg – The Judicial Service Commission (JSC) has found that the conduct of Eastern Cape Judge President Selby Mbenenge constitutes gross misconduct in terms of section 177(1)(a) of the Constitution.
Earlier this year, in February, a Tribunal appointed by the JSC made a finding on the complaint of court employee Ms. Andiswa Mengo against Judge President Mbenenge regarding unwanted advances and inappropriate messages.
She filed the complaint on 23 January 2023.
The Tribunal found that Judge Mbenenge was only guilty of misconduct not amounting to gross misconduct and not guilty of gross misconduct, gross incompetence, and/or gross incapacity under section 177 of the Constitution.
However, the JSC reviewed the matter and has rejected the Tribunal’s findings.
In a statement made available to The Bulrushes today, Thursday, 16 April 2026, the JSC said: “The Commission did not accept the findings of the Tribunal that Judge President Mbenenge is guilty of misconduct not amounting to gross misconduct.
“The Commission found that on the common cause facts, the conduct of Judge President Mbenenge constitutes gross misconduct in terms of section 177(1)(a) of the Constitution”.
Gross misconduct is a dismissible offence.
“The Commission will accordingly submit to the Speaker of the National Assembly its findings, together with reasons and a copy of the report in accordance with section 20(4) of the JSC Act,” the statement said.
“The Commission has invited the parties to make written submissions whether, pending the process in terms of section 177(1) of the Constitution, the Commission should advise the President in terms of section 177(3) to suspend Judge President Mbenenge pending the process in section 177(1).”
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