- Tribunal finds Judge President guilty of workplace misconduct, but not gross misconduct under the Constitution.
- Women’s Legal Centre states the complaint had merit and criticizes parts of the report’s language.
- The matter now goes to the Judicial Service Commission, with further submissions and potential review still possible.
The Women’s Legal Centre has backed sexual harassment complainant Andiswa Mengo after a Judicial Tribunal found that Selby Mbenenge, Judge President of the Eastern Cape Division of the High Court, committed misconduct in the workplace, though not at the level of gross misconduct.
In a statement on Saturday, January 31, 2026, the organisation said it received the Tribunal’s report late the night before. It is supporting Mengo as she processes both the outcome and what it called “deeply disappointing language” used in parts of the findings. The organisation said it would wait for her instructions before taking further steps.
Tribunal confirms misconduct but does not reach the highest threshold
The Judicial Tribunal, convened under the Judicial Service Commission Act, investigated allegations that Judge Mbenenge had engaged in inappropriate conduct toward Mengo.
After reviewing the evidence, the panel determined that he was “not guilty of gross misconduct, gross incompetence or gross incapacity under Section 177 of the Constitution.”
However, it went on to make a significant second finding. The Tribunal stated, “It is our finding that JP Mbenenge is guilty of a degree of misconduct not amounting to gross misconduct” and that he had breached the Code of Judicial Conduct.
The report indicated that this included initiating and conducting what it described as a flirtatious relationship with Mengo through a series of WhatsApp messages while at work and during working hours.
For the Women’s Legal Centre, that distinction matters. Even without the label of “gross misconduct,” the advocacy group says the finding confirms that the behavior complained of was “unacceptable and improper” and that Mengo’s complaint “was not without merit.”
Process not over and further action possible
The organisation emphasised that the case is far from finished. The report now goes to the Judicial Service Commission, which must consider the Tribunal’s conclusions and make a final determination on what consequences, if any, should follow.
“There remains room for further submissions to the JSC,” the organisation said, adding that it plans to use that opportunity to present additional arguments before the body.
It also confirmed that Mengo retains the right to consider further legal options, including the possibility of reviewing the Tribunal’s findings. Those options are “actively under consideration.”
Bigger picture for women who report harassment
Beyond the legal outcome, the Women’s Legal Centre framed the matter as part of a larger struggle faced by women who speak out about sexual harassment, especially when senior figures hold institutional power.
The report illustrates how complainants often face prejudice, stigma, and intense scrutiny. The language used in formal processes can shape perceptions of credibility. The organisation argues these pressures reflect systemic barriers that make accountability harder to achieve.
The group stated it remains “steadfast” in supporting Mengo and in advocating for a legal system that acknowledges the realities of sexual harassment, centers survivors, and holds those in positions of power accountable.
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