Controversy over Judge President Mbenenge's return

WHILE a myriad of issues hang in the balance following the outcome of the Judicial Conduct Tribunal report, which exonerated Eastern Cape Judge President Selby Mbenenge of gross misconduct related to sexual harassment allegations against him, the Office of the Chief Justice (OCJ) has been mum on whether he will immediately resume duties.

- CHEVON BOOYSEN

The tribunal, however, found Mbenenge guilty of a lesser charge of misconduct and ruled that the “flirtatious - others very salacious” exchange of WhatsApp messages between sexual harassment complainant, Andiswa Mengo, and him was flirtation between two adults and this was consensual.

When the tribunal was established, Mbenenge was not suspended from his position, but he instead volunteered to take special leave until the disciplinary process was complete. However, the disciplinary process is incomplete pending the determination of the Judicial Services Commission (JSC).

Enquiries to the OCJ on the resumption of duties by Mbenenge were acknowledged on Wednesday, but have yet to be answered.

Mengo's legal team confirmed she remains employed as a judge's secretary at the Eastern Cape High Court, Makhanda, and indicated they would take the tribunal's findings on review.

Further enquiries to both Mengo and Mbenenge's legal representatives were not answered by deadline.