Judge President Selby Mbenenge Dodges Impeachment Over Workplace WhatsApp Scandal

The Judicial Conduct Tribunal has cleared Eastern Cape Judge President Selby Mbenenge of gross misconduct, gross incompetence and gross incapacity, but found him guilty of a lesser form of misconduct that will not result in his impeachment.

The ruling follows a lengthy and closely watched hearing into allegations of sexual harassment brought against Mbenenge by a senior court official.

Tribunal Clears Judge Selby Mbenenge of Serious Charges

In its findings, the Tribunal ruled that Mbenenge’s conduct did not meet the threshold required for impeachment.

However, it concluded that his behaviour at work crossed professional boundaries.

“It is the finding that Mbenenge is guilty of a degree of misconduct that does not amount to gross misconduct in that he, at a place of work and during working hours, initiated and subsequently conducted a flirtatious relationship with Mengo through a series of WhatsApp messages exchanged between them.”

The Tribunal found that this conduct, while inappropriate, was insufficient to justify his removal from office.

Sexual Harassment Allegations Examined

The case stemmed from a complaint lodged by Andiswa Mengo, the secretary for judges in the Eastern Cape, who accused Mbenenge of sexual harassment.

Mengo alleged that the judge persistently asked her to send explicit images and sent her sexually explicit material in return. She testified that she found the requests “annoying” and felt pressured to comply.

She further accused him of inappropriate WhatsApp messages, comments about her appearance, sexual gestures, and an incident in his chambers in November 2022.

Mengo told the Tribunal that Mbenenge sent her an image of his penis, which she said was later deleted. She also alleged that he sent her pornographic images and made sexually explicit remarks during a meeting at the Umtata High Court.

“He asked me if I didn’t want to suck it,” she previously told the Tribunal, describing an alleged incident in which she said he gestured towards his trousers.

Selby Mbenenge Claims Interactions Were Consensual

Mbenenge denied the allegations of harassment, insisting that the exchanges were consensual and part of what he believed was a mutual romantic interaction.

Mengo disputed this, telling the Tribunal that she responded to his messages only to “satisfy him in order for peace at the workplace”.

The judge also denied sending an explicit image of himself.

“In light of what you are saying, I am saying to you, the persistence in saying I sent K8 [penis] is crystal lies and in the direction of being malicious,” Mbenenge argued.

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He admitted asking Mengo to remove her jacket but denied that the request was indecent.

“I wanted her to remove her jacket because I wanted to appreciate her appearance. It was obstructing my view of how she looked,” he said.

Final Decision Now With Judicial Service Commission

The Tribunal, chaired by Judge Bernard Ngoepe, with Judge Chris Pretorius and Advocate Gcina Mashaba SC, began hearings in January 2025. Proceedings were marked by conflicting testimony from witnesses.

Although Mbenenge has avoided impeachment, the matter is not yet concluded. The findings and recommendations will now be considered by the Judicial Service Commission (JSC), which will make the final determination on any disciplinary action.