Eastern Cape Judge Selby Mbenenge Not to Be Suspended Amid Tribunal

The Judicial Service Commission (JSC) of South Africa has resolved not to suspend Eastern Cape Judge President Selby Mbenenge, who is currently under investigation for a complaint of sexual harassment. This decision comes as the judicial authority confirmed that a judicial conduct tribunal is in place to review the allegations brought forth by a judge's secretary identified as A Mengo.

In a recent announcement, the JSC, functioning with a smaller composition excluding its members from the National Assembly and the National Council of Provinces, advised President Cyril Ramaphosa against the suspension of Mbenenge. This advice leans on the fact that Mbenenge is already on special leave, and during this period, he remains responsible for completing any partly heard court cases.

The decision not to suspend Mbenenge comes with precedence and a glance at previous similar situations. When Western Cape Judge President John Hlophe faced allegations in 2008 and was put on special leave, he chose to return to work before the complaints against him were resolved. The initial clearance by the JSC of any misconduct was later overturned by the Supreme Court of Appeal in 2011. Despite this, Hlophe maintained his judicial position for years until a recent move to refer him to parliament for impeachment.

The judgment to refrain from recommending a suspension is a critical moment for the JSC. Historically, the commission has maintained that there are only specific junctures at which it can advise the suspension of a judge: upon the establishment of a tribunal or when a judge is referred to parliament for possible impeachment.

Assembling a tribunal to face allegations of sexual misconduct is unprecedented in South Africa's judiciary history, marking this case as a significant event for the legal community. The initiation of the tribunal for Judge Mbenenge was decided in December, yet the details about the proceedings commencement have not yet been made public.

Questions loom over the conditions attached to Mbenenge’s special leave, with JSC spokespersons unable to provide immediate commentary. The strategic and cautious move by the JSC in this situation underscores a balance between ensuring justice and judicial integrity, while also respecting the due process rights of the accused.

The case of Judge Mbenenge and the decision by the JSC is emblematic of the broader challenges and sensitivity required when investigating claims of misconduct within high-ranking public offices. The cautious approach taken may diverge opinions but reflects the complexities involved in handling such serious allegations within the judiciary. As South Africa eyes the proceedings, the outcome of this tribunal could have lasting implications on the nation’s commitment to uphold dignity, integrity, and justice within its courts.