Johannesburg – Judge President Selby Mbenenge, who was probed for his flirtatious conduct with a junior staffer, remains on special leave until the matter is concluded.
Reports recently surfaced indicating that the Eastern Cape High Court Judge was cleared by a Judicial Service Commission (JSC) Judicial Conduct Tribunal of gross misconduct in the sexual harassment case, but found guilty of breaching judicial ethics.
The allegations stemmed from a complaint by his former secretary, Andiswa Mengo, who accused him of sending flirtatious and salacious WhatsApp messages between June 2021 and November 2022, including requests for explicit photos and alleged propositions for sexual acts.
While Judge Mbenenge conceded sending the messages to Mengo, he denied harassment.
After the Judicial Conduct Tribunal ruling, there were even suggestions that Judge Mbenenge would be back on the bench.
However, the Office of the Chief Justice has moved to clarify the status of Judge Mbenenge, stating that he remains on leave.
“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,” stated the Office of the Chief Justice in a statement made available to The Bulrushes late Wednesday, 11 February 2026.
“The leave will remain in effect until the 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 tribunal, which looked into the matter, was chaired by retired Judge Bernard Ngoepe.
The tribunal held public hearings from January 2025 to October 2025.
In its January 2026 report, the tribunal ruled the exchanges between the judge and his secretary were consensual flirtation between adults but violated Article 5.1 of the Code of Judicial Conduct by occurring at work during office hours.
While impeachment under Section 177 of the Constitution is unlikely, the Judicial Services Commission must still endorse or reject the findings.
The JSC is scheduled to convene a sitting for consideration of the Tribunal’s report on 5 March 2026.
