Skip to content
Close Menu
ConvictionConviction
  • Home
  • Law & Justice
  • Special Reports
  • Opinion
  • Ask The Expert
  • Get In Touch

Subscribe to Updates

Get the latest creative news from FooBar about art, design and business.

What's Hot

Public interest law gathering to tackle land justice, migration and threats to human rights

October 25, 2026

The reinstatement of Lulama Oliphant: What a government spokesperson really is

October 24, 2026

Sebokeng grandmother secures title deed after years of dispute with brother-in-law

October 24, 2026
Facebook X (Twitter) Instagram
Trending
  • Public interest law gathering to tackle land justice, migration and threats to human rights
  • The reinstatement of Lulama Oliphant: What a government spokesperson really is
  • Sebokeng grandmother secures title deed after years of dispute with brother-in-law
  • The ANC could pay the electoral price for a Home Affairs directive issued under a DA minister
  • Carrim’s battle, Sibiya’s bail refusal and alleged staged kidnapping headline lower court cases
  • Gauteng department and MEC ordered to honour R68.3m housing settlement
  • Judge clears man who pleaded guilty to buying suspected stolen Huawei phone
  • SARU HR manager’s feud with boss escalated from grievance to dismissal
Facebook X (Twitter) Instagram
ConvictionConviction
Sonneblom
  • Home
  • Law & Justice
  • Special Reports
  • Opinion
  • Ask The Expert
  • Get In Touch
ConvictionConviction
Home » Ten key things to come out of the JSC tribunal hearing into Judge President Selby Mbenenge
Regulatory Law

Ten key things to come out of the JSC tribunal hearing into Judge President Selby Mbenenge

Evidence on consent, credibility and WhatsApp messages shapes the misconduct inquiry.
Kennedy MudzuliBy Kennedy MudzuliFebruary 2, 2026Updated:February 2, 2026No Comments
Facebook Twitter Pinterest LinkedIn WhatsApp Reddit Tumblr Email
Selby Mbenenge during proceedings before the Judicial Service Commission tribunal into misconduct allegations.
Share
Facebook Twitter LinkedIn Pinterest Email
  • The Judicial Service Commission referred Eastern Cape Judge President Selby Mbenenge to a full tribunal after finding the complaint serious enough to amount to possible gross misconduct.
  • The hearing focuses on WhatsApp chats, disputed explicit images and an alleged chambers incident, with both sides presenting conflicting accounts.
  • The panel says only objectively proven sexual harassment, not assumptions or rank, can justify a gross misconduct finding.

The Judicial Service Commission tribunal found that the sexual harassment complaint against Eastern Cape Judge President Selby Mbenenge meets the threshold for possible gross misconduct and must be heard by a full, formal tribunal rather than handled internally.

The case centres on WhatsApp exchanges, alleged explicit images and a disputed chambers incident. Judge President Mbenenge admits sending flirtatious messages but says they were consensual, while the complainant says some conduct was unwelcome. Both versions will be tested against records and expert evidence.

The panel said the outcome will depend on objective proof, credibility and the full context of the messages. Only proven sexual harassment, not assumptions or rank, can justify a gross misconduct finding.

Ten crucial things to come out of the hearing

  1. The complaint established a prima facie case, meaning the allegations are serious enough that, if proven, they could amount to gross misconduct by Judge President Mbenenge.
  2. The matter was escalated to a full tribunal of the Judicial Service Commission, with the panel saying it is too serious for an internal or informal process.
  3. Judge President Mbenenge admitted sending flirtatious WhatsApp messages but rejected the claim that they were unwelcome or constituted harassment.
  4. The complainant alleged she received explicit sexual images, while Judge President Mbenenge denied sending them, and expert evidence could not always conclusively trace their origin.
  5. She reported a sexually suggestive chambers incident, which Judge President Mbenenge denied, relying on CCTV, security logs and movement records to dispute that version.
  6. The tribunal found that both parties exchanged flirtatious and sometimes sexually suggestive messages, meaning the full context, not isolated texts, must be assessed.
  7. The complainant acknowledged omitting some of her own suggestive messages from her complaint statements, which the panel said created an incomplete record at the outset.
  8. Credibility issues arose around near-identical complaint statements, with the tribunal questioning how two versions were virtually word-for-word the same.
  9. The complainant argued she participated out of fear linked to workplace power imbalance, while the tribunal said coercion cannot simply be presumed from seniority alone.
  10. The panel said the decisive question is objective proof of sexual harassment, stressing that only proven harassment, not assumptions or awkward conduct, can justify a finding of gross misconduct.

ALSO READ: Support for Mengo after tribunal finds misconduct by Judge President Mbenenge

Conviction.co.za

Get your news on the go. Click here to follow the Conviction WhatsApp channel.

 

Courts Eastern Cape Judicial conduct Judicial Service Commission Sexual harassment law
Share. Facebook Twitter Pinterest LinkedIn Tumblr Telegram Email
Kennedy Mudzuli

Multiple award-winner with passion for news and training young journalists. Founder and editor of Conviction.co.za

Related Posts

Attorney is not a fraudster or thief, judge says, despite LPC seeking to strike him off

October 21, 2026

Employers’ failure to pay pension contributions drives complaints to a record 13 041

October 19, 2026

Attorney suspended pending inquiry into alleged misappropriation of R800,000 in estate funds

October 19, 2026
Leave A Reply Cancel Reply

Prove your humanity: 7   +   7   =  

Subscribe to our newsletter:
Top Posts

Your driving licence at the gate: What estates can actually legally scan

Sponsor: My Estate LifeSeptember 6, 2026

Making sectional title rules that work: A practical guide

January 17, 2025

Protection order among the consequences of trespassing in an ‘Exclusive Use Area’

December 31, 2024

Between a rock and a foul-smelling place

November 27, 2024
Don't Miss
Special Reports
5 Mins Read

Public interest law gathering to tackle land justice, migration and threats to human rights

By Kennedy MudzuliOctober 25, 20265 Mins Read

The Public Interest Law Gathering 2026 will bring lawyers, activists and academics together at Wits to discuss constitutional rights, land justice, migration and the cost of defending human rights.

The reinstatement of Lulama Oliphant: What a government spokesperson really is

October 24, 2026

Sebokeng grandmother secures title deed after years of dispute with brother-in-law

October 24, 2026

The ANC could pay the electoral price for a Home Affairs directive issued under a DA minister

October 23, 2026
Stay In Touch
  • Facebook
  • Twitter
  • WhatsApp
Demo
About Us
About Us

Helping South Africans to navigate the legal landscape; providing accessible legal information; and giving a voice to those seeking justice.

Facebook X (Twitter) YouTube WhatsApp Twitch RSS
Latest posts

Your driving licence at the gate: What estates can actually legally scan

Sponsor: My Estate LifeSeptember 6, 2026

Making sectional title rules that work: A practical guide

January 17, 2025

Protection order among the consequences of trespassing in an ‘Exclusive Use Area’

December 31, 2024
OUR PICKS

LPC warns against unregulated legal services, clarifies legal consultant ruling

October 17, 2026

The R400,000 award for ‘white trash’ and ‘dumb people’ insults that cost a woman her home

October 21, 2026

FNB customer demands R15,100 refund after fraudsters drain account using stolen phone

October 17, 2026
© 2026 Conviction.
  • Home
  • Buy Now
  • Law & Justice

Type above and press Enter to search. Press Esc to cancel.

Powered by
Necessary cookies enable essential site features like secure log-ins and consent preference adjustments. They do not store personal data.
None
Functional cookies support features like content sharing on social media, collecting feedback, and enabling third-party tools.
None
Analytical cookies track visitor interactions, providing insights on metrics like visitor count, bounce rate, and traffic sources.
None
Advertisement cookies deliver personalized ads based on your previous visits and analyze the effectiveness of ad campaigns.
None
Unclassified cookies are cookies that we are in the process of classifying, together with the providers of individual cookies.
None
Powered by