Sunday Times reports that the Judicial Conduct Committee has recommended that sexual harassment allegations against Eastern Cape judge president Selby Mbenenge be investigated by a judicial conduct tribunal – the body that looks into impeachable conduct.

“We are satisfied that the complaint establishes a prima facie case, which if substantiated, is likely to result in a finding of gross misconduct,” the committee indicated last week. The tribunal would be the first of its kind to investigate allegations of sexual misconduct against a judge. “The contours of sexual harassment are complex and in this case, they would be best resolved in an investigation where the parties’ versions would be tested through cross-examination and possibly expert evidence,” said the committee. The committee’s ruling was the outcome of a complaint by a judge’s secretary, referred to as “AM”. She complained that between June 2021 and November last year, Mbenenge sent her unwelcome WhatsApp messages of a sexual nature and “crude pictures”. Some of the pictures and videos – including of people having sex – he later deleted, she said. The judge president has denied that he ever sent crude pictures. Mbenenge did not deny most of the messages but said they were not unwelcome. But AM rejected Mbenenge’s version that their chats were consensual. Unless Mbenenge appeals, the next step will be for the recommendation to be referred to the Judicial Service Commission, which will decide whether or not to endorse it.

• Read the full original of the report in the above regard by Franny Rabkin at Sunday Times (subscriber access only)

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