Soul City Institute Welcomes JSC Finding of Gross Misconduct Against Judge President Mbenenge

The JSC overrode the earlier Judicial Conduct Tribunal finding, which had found Mbenenge guilty of misconduct but not amounting to gross misconduct. The JSC has now determined that, based on common cause facts, his conduct constitutes gross misconduct, and will submit its findings and full report to the Speaker of the National Assembly in line with the JSC Act.

SCI views this decision as a critical affirmation that no individual , regardless of the power they hold is above accountability. Sexual harassment is a form of gender-based violence. It is an abuse of power. When it occurs within the highest institutions of our democracy, it does not only harm the individual survivor it corrodes the public trust that the entire justice system depends upon. We commend the JSC for its courage in rejecting the tribunal’s lesser finding and for holding firm to the standard that our Constitution demands. This verdict sends an unambiguous message: institutions of justice must themselves be just. We stand with the complainant in this matter. Her courage in coming forward, and persisting through a prolonged and public process, reflects the same bravery we witness every day in the women and girls SCI serves across South Africa. Accountability would not have been possible without her voice. SCI further calls on the President of the Republic to act swiftly and decisively in response to the JSC’s findings and any recommendation that may follow regarding the suspension of Judge President Mbenenge.

The Commission has invited parties to submit arguments on whether it should recommend that the President suspend Mbenenge while the constitutional process to determine his fate proceeds. We urge that this process be concluded without delay. Justice deferred is justice denied for the survivor, and for every woman watching how South Africa treats those who speak truth to power.

The fight against gender-based violence and femicide cannot be won without transforming the very institutions entrusted to protect us. Today’s verdict is a step in that direction.

Issued by: Phinah Kodisang, Chief Executive Officer Soul City Institute for Social Justice

For media enquiries, please contact us on akona@soulcity.org.za