Cape town: The Judicial Service Commission (JSC) has overturned the findings of the Judicial Conduct Tribunal regarding the complaint lodged by Andiswa Mengo against Eastern Cape Judge President Selby Mbenenge.

According to South African Government News Agency, the Tribunal had initially found Judge President Mbenenge not guilty of misconduct not amounting to gross misconduct, as well as not guilty of gross misconduct, gross incompetence, and/or gross incapacity under section 177 of the Constitution, which addresses the removal of a judge. The JSC, excluding members from the National Assembly and National Council of Provinces, met last month under section 20(1) of the Judicial Service Commission Act 9 of 1994 to review the Tribunal's report on Mengo's complaint.

The JSC invited the involved parties to submit written representations, which were considered alongside the Tribunal's report. After reviewing the documents and representations, the JSC did not accept the Tribunal's findings that Judge President Mbenenge was guilty of misconduct not amounting to gross misconduct. Instead, the Commission concluded that Judge President Mbenenge's conduct amounted to gross misconduct as per section 177(1)(a) of the Constitution.

Section 177(a) of the Constitution stipulates that a judge can only be removed from office if the Judicial Service Commission finds that the judge suffers from an incapacity, is grossly incompetent, or is guilty of gross misconduct. Additionally, the National Assembly must pass a resolution with a supporting vote of at least two-thirds of its members for the judge's removal.

In its statement on Thursday, the JSC announced its intention to submit its findings, along with reasons and a copy of the report, to the Speaker of the National Assembly in accordance with section 20(4) of the JSC Act. The Commission also invited the parties to make written submissions on whether the Commission should advise the President to suspend Judge President Mbenenge pending the process outlined in section 177(1) of the Constitution.

The full report is accessible through the JSC's official channels.