MBENENGE EXONERATED: EC JUDGE PRESIDENT CLEARED OF MISCONDUCT CHARGES

Eastern Cape High Court Judge President Selby Mbenenge has been cleared of gross misconduct charges by the Judicial Conduct Tribunal.

Makhanda - In a shocking turn of events, Eastern Cape High Court Judge President Selby Mbenenge has been cleared of gross misconduct charges by the Judicial Conduct Tribunal, sparking intense debate and outrage among women's rights groups and the broader legal community.

The tribunal's ruling, delivered on January 31, 2026, found Mbenenge guilty of misconduct but determined it did not amount to gross misconduct, effectively exonerating him from allegations that could have led to his impeachment.

The decision allows Mbenenge to continue leading the Eastern Cape Division, overseeing critical cases and administration in the region.

The case against Mbenenge was rooted in a 2021 complaint filed by his former secretary, Andiswa Mengo, who accused him of sexual harassment. Mengo alleged that Mbenenge's interactions, including over 800 WhatsApp messages and images, crossed professional boundaries and created a toxic work environment.

The messages, which included personal compliments and requests for intimate photos, were deemed to have exploited the power imbalance between a high-ranking judge and his staff member.

The Judicial Conduct Tribunal, established to investigate the allegations, heard testimony from witnesses, experts, and Mbenenge himself. The tribunal's ruling acknowledged Mbenenge's poor judgment and failure to maintain professional boundaries but concluded that his actions did not meet the threshold for gross misconduct.

The decision has been met with fierce criticism from women's rights groups, who argue that it sends a weak message on harassment and undermines efforts to create a safe and respectful work environment. "This ruling is a slap in the face for survivors of harassment," said a spokesperson for the Women's Legal Centre. "It perpetuates a culture of impunity and silence, where powerful individuals can exploit their positions without consequence."

The Azanian Truth has obtained documents revealing that Mbenenge's defense team argued that the interactions were consensual and part of a mutual courtship. However, the tribunal rejected some of Mbenenge's evidence, including hearsay statements about Mengo's personal life intended to question her credibility.

The ruling has also sparked concerns about the judiciary's ability to self-regulate and address allegations of misconduct. "This case highlights the need for stronger enforcement of the judiciary's Sexual Harassment Policy and more robust mechanisms for reporting and addressing harassment," said a senior legal expert.

As the news broke, reactions poured in from across the country. "This is a dark day for justice in South Africa," tweeted @JusticeForAll. "How can we trust our judges to uphold the law when they can't even follow it themselves?"

Mbenenge, who has led the Eastern Cape Division since 2016, is expected to face intense scrutiny and criticism in the coming days. The Judicial Service Commission has announced that it will review the tribunal's ruling and consider further action.

The Azanian Truth will continue to track this story and provide updates as more information becomes available.