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HomeLegalEastern Cape High Court Judge President Faces Misconduct Tribunal

Eastern Cape High Court Judge President Faces Misconduct Tribunal

Johannesburg, South Africa – Eastern Cape High Court Judge President Selby Mbenenge is currently facing a misconduct investigation by the Judicial Conduct Tribunal following a sexual harassment complaint lodged against him by Ms. Andiswa Mengo, a judges’ secretary at the Eastern Cape High Court.

The Tribunal, presided over by retired Gauteng High Court Judge President Bernard Ngoepe, is holding public hearings which started on January 13 to and is expected to fold on January 24, 2025, at the Southern Sun Hotel in Rosebank, Johannesburg. The hearings are open to the media, following a decision by the Tribunal President in consultation with the Chief Justice under Section 29(3) of the Judicial Service Commission (JSC) Act, which allows for public access in matters of public interest and transparency.

Judicial Misconduct Process

The misconduct complaint against Judge President Mbenenge follows the established judicial conduct process, which includes multiple stages of investigation and review before any potential impeachment:

  1. Filing of Complaint: The complainant submits an affidavit to the JSC, and the Chief Justice assesses whether the complaint is frivolous or serious enough to warrant further action.
  2. Preliminary Hearing: The Judicial Conduct Committee (JCC) conducts a preliminary hearing with both parties and may recommend a full investigation by a Judicial Conduct Tribunal.
  3. Tribunal Establishment: If the JCC recommends a tribunal, the JSC (excluding parliamentary members) formally establishes a Judicial Conduct Tribunal.
  4. Tribunal Investigation: The Tribunal conducts a thorough investigation, including witness testimonies, cross-examinations, and document reviews, before reaching a verdict.
  5. JSC Review: The JSC receives the Tribunal’s findings and may confirm a guilty or not guilty verdict. If gross misconduct is found, the JSC may recommend impeachment to Parliament.
  6. Parliamentary Vote: The National Assembly debates the recommendation and requires a two-thirds majority (267 of 400 MPs) to approve impeachment.
  7. Presidential Action: If Parliament votes for removal, the President must set the official date for the judge’s dismissal, with no discretion to overrule the decision.

Public and Legal Implications

The upcoming Tribunal marks a significant moment in South Africa’s judicial oversight, as it underscores the judiciary’s commitment to accountability. The proceedings are expected to draw national attention, given the seniority of the judge involved and the gravity of the allegations.

The Tribunal’s findings could have far-reaching consequences for the judiciary, setting a precedent for how allegations of misconduct among high-ranking judges are handled in the country. The legal community and the public will closely watch the outcome, as it could influence future judicial conduct cases and institutional reforms.

A live stream of the Tribunal hearings will be available for public viewing, ensuring transparency in the process.

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