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Eastern Cape Judge President Selby Mbenenge appears before the Judicial Conduct Tribunal on 21 October 2025.
Judicial monitoring organisation Judges Matter has welcomed the Judicial Service Commission’s decision to upgrade the sanction against KuGompo Judge President Selby Mbenenge from misconduct to gross misconduct.
The decision places the judge within the scope of possible impeachment.
In a report released on Thursday, the JSC said it does not support the Tribunal’s finding that there was no sexual harassment.
The Commission added that the Tribunal failed to apply the appropriate standard when assessing the matter.
Judges Matter weighs in on the JSC’s decision to upgrade the sanction against Eastern Cape Judge President Selby Mbenenge
Judges Matter researcher and advocacy officer Mbekezeli Benjamin says the decision reflects a broader understanding of power dynamics.
“What the JSC is saying is that the tribunal only looked at the conduct, so the messages that were exchanged between them, including some of the images and other materials, but they did not look at the fact that each of the two parties holds different power in relation to the other and so even when someone is looking like they are consenting and actively participating, but because of the power dynamics, they might not be doing so willingly,” said Benjamin.
The matter is expected to proceed in line with processes that could lead to impeachment proceedings.
Mbenenge Tribunal | JSC finds Judge Mbenenge guilty of gross misconduct
