OCJ confirms: Judge Mbenenge is on special leave pending JSC decision

The Office of the Chief Justice (OCJ) has confirmed that Eastern Cape Judge President Selby Mbenenge, who was found guilty of misconduct in relation to his interactions with a judge's clerk, is on special leave.

In a statement on Wednesday night, the OCJ said that the special leave was granted in terms of Regulation 5(3) of the Regulations issued under the Judges’ Remuneration and Conditions of Employment Act 47 of 2001.

“The leave will remain in effect until the Judicial Service Commission (JSC) has concluded its consideration of the report of the Judicial Conduct Tribunal and has formally communicated its decision, in accordance with section 20(6) of the Judicial Service Commission Act 9 of 1994,” the OCJ said.

The clarification came after there were reports that Judge Mbenenge had resumed duty pending the decision of the JSC.

Judge Mbenenge had been accused of sexual harassment by clerk Andiswa Mengo. A Judicial Tribunal found no evidence of gross misconduct, gross incompetence, or gross incapacity, but it did determine that Judge Mbenenge was guilty of misconduct.

Both Judge Mbenenge and Mengo testified before the Tribunal. Mengo's complaint was based on numerous WhatsApp messages exchanged between the parties. She alleged these messages were unwelcome.

In response, Judge Mbenenge said the exchange of messages was consensual.

The JSC is scheduled to convene a sitting to consider the Tribunal’s report on March 5.

The OCJ said it would make no further comment on the matter in deference to the independence of the JSC process and the applicable legal framework.

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