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OCJ Places Eastern Cape Judge President Selby Mbenenge on Special Leave Pending JSC Review

The judge remains off the bench under Regulation 5(3) pending the JSC’s 5 March consideration of a tribunal report that found lesser misconduct.

Overview

  • The Office of the Chief Justice confirmed the leave after reports suggested he had resumed duty.
  • The leave will remain in effect until the JSC issues its decision under section 20(6) of the Judicial Service Commission Act.
  • A Judicial Conduct Tribunal found no gross misconduct, gross incompetence, or gross incapacity but concluded he was guilty of misconduct of a lesser nature.
  • The complaint by clerk Andiswa Mengo centered on WhatsApp exchanges and workplace interactions, which Mbenenge maintains were consensual.
  • The OCJ said it would make no further comment to preserve the independence of the JSC process.