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

Managing agents cannot ignore sectional title law and trustee authority

June 8, 2026

Court rules son excluded from Will must share in late mother’s R22 million estate

June 8, 2026

Judge President Mbenenge challenges sexual harassment findings in the High Court

June 8, 2026
Facebook X (Twitter) Instagram
Trending
  • Managing agents cannot ignore sectional title law and trustee authority
  • Court rules son excluded from Will must share in late mother’s R22 million estate
  • Judge President Mbenenge challenges sexual harassment findings in the High Court
  • Judge calls pothole that cost motorcyclist his leg a deadly hidden trap
  • Farm sale did not give new owner right to lock out seller, High Court finds
  • Labour Court confirms strict limits on legal representation at the CCMA proceedings
  • Only 12% of educators vetted against child protection register nationwide
  • Legal practitioners and law firms invited to reach 100 000 monthly readers
Facebook X (Twitter) Instagram
ConvictionConviction
Sonneblom
  • Home
  • Law & Justice
  • Special Reports
  • Opinion
  • Ask The Expert
  • Get In Touch
ConvictionConviction
Home » Judge President Mbenenge challenges sexual harassment findings in the High Court
Constitutional Law

Judge President Mbenenge challenges sexual harassment findings in the High Court

Eastern Cape Judge President asks the High Court to set aside findings of sexual harassment, misconduct and gross misconduct arising from the complaint lodged by Andiswa Mengo.
Kennedy MudzuliBy Kennedy MudzuliJune 8, 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

  • Judge President Mbenenge has filed a High Court application to review and overturn the findings made against him by the Judicial Conduct Tribunal and the Judicial Service Commission.
  • This application disputes findings related to sexual harassment, misconduct, and gross misconduct based on a complaint made by Andiswa Mengo.
  • Judge President Mbenenge seeks temporary relief to stop any further actions stemming from these decisions while the review application is pending.

Eastern Cape Judge President Selby Mfanelo Mbenenge has approached the High Court in Pretoria to overturn findings made by the Judicial Conduct Tribunal and the Judicial Service Commission regarding a sexual harassment complaint filed by Andiswa Mengo.

ALSO READ: JSC overrules tribunal and finds Judge President Mbenenge guilty of gross misconduct

Court documents filed indicate that Judge President Mbenenge is looking for both temporary and final relief against the Judicial Service Commission, the Judicial Conduct Tribunal, the Speaker of the National Assembly, the National Assembly, the President of the Republic of South Africa, and Mengo.

This application follows the decision of the Judicial Service Commission, which found Judge President Mbenenge guilty of sexual harassment and gross misconduct.

Challenge to findings

In an 85-page founding affidavit, Judge President Mbenenge argues that the decisions of both the Tribunal and the Judicial Service Commission are unlawful and should be reviewed and overturned.

He challenges the Tribunal’s conclusion that he was guilty of misconduct under Article 5.1 of the Code of Judicial Conduct.

Judge President Mbenenge states, “The JCT’s finding of misconduct under Article 5.1 of the Code was made in violation of the audi alteram partem principle, was beyond its terms of reference, was arbitrary and procedurally unfair, and was not rationally connected to the information and evidence before it.”

According to the affidavit, he asserts that the Judicial Service Commission’s later finding of gross misconduct relied on that flawed finding.

Judge President Mbenenge explains, “The JSC’s finding of gross misconduct based on Section 177(1)(a) of the Constitution depended on the JCT’s incorrect Article 5.1 finding, strayed significantly from the JCT’s factual conclusions without proper justification, was made without notifying me of the case I had to meet, misrepresented the JCT’s reasoning on power relations, the ‘ought to have known’ standard, the cumulative versus individual assessment of exchanges, and the proper sexual harassment test; and was substantively irrational, unreasonable, unconstitutional, and unlawful.”

Bid to halt further action

As part of the proceedings, Judge President Mbenenge seeks temporary relief until the review application is resolved.

The notice of motion requests the court to stop the Judicial Service Commission from taking further actions based on its findings and to prevent the President from acting according to Sections 177(2) and 177(3) of the Constitution until the review is fully determined.

Judge President Mbenenge states he is seeking “The review and setting aside of the decisions of the JSC and the JCT identified herein, along with appropriate additional relief and costs against any respondent that opposes the application.”

He also reserves the right to add to his founding affidavit and modify his notice of motion after receiving the complete record of proceedings.

Relief sought

Judge President Mbenenge asks the court to review and set aside the misconduct finding made by the Judicial Conduct Tribunal and the findings of sexual harassment and gross misconduct made by the Judicial Service Commission.

He further requests orders to stop any actions resulting from those findings until the review application is resolved.

Conviction.co.za

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

Andiswa Mengo Judge President Mbenenge judicial misconduct Judicial Service Commission Sexual harassment
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

Mbeki and Mabandla accuse TRC Commission of sidestepping court challenge

May 29, 2026

Anti-money laundering Bill proposes lifestyle audits and tougher penalties

May 29, 2026

Ramaphosa says Phala Phala panel relied on hearsay and misunderstood its mandate

May 26, 2026
Leave A Reply Cancel Reply

Prove your humanity: 0   +   4   =  

Subscribe to our newsletter:
Top Posts

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

Irregular levy increases, mismanagement, and legal threats in a sectional title scheme

June 2, 2025
Don't Miss
Opinion
2 Mins Read

Managing agents cannot ignore sectional title law and trustee authority

By Ashwini SinghJune 8, 20262 Mins Read

Ashwini Singh argues that managing agents who bypass trustee authority and legal requirements can expose sectional title schemes to serious risks.

Court rules son excluded from Will must share in late mother’s R22 million estate

June 8, 2026

Judge President Mbenenge challenges sexual harassment findings in the High Court

June 8, 2026

Judge calls pothole that cost motorcyclist his leg a deadly hidden trap

June 8, 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

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
OUR PICKS

Agricultural advisors declared scientists in landmark Labour Court ruling

February 17, 2026

FSCA imposes R5.39 million in penalties on financial services firms

June 5, 2026

Standard Bank tops banking complaints list as NFO recovers R442.9 million for consumers

June 6, 2026
© 2026 Conviction.
  • Home
  • Law & Justice
  • Special Reports
  • Opinion
  • Ask The Expert
  • Get In Touch

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