JOHANNESBURG - The Judicial Service Commission has found Eastern Cape Judge President Selby Mbenenge guilty of gross misconduct.
The JSC overrides the tribunal finding in the Mbenenge case.
Mbenenge faced a misconduct investigation based on sexual harassment allegations against him.
The Judicial Conduct Tribunal found him guilty of a degree of misconduct, but not gross misconduct.
Now, the JSC has rejected the tribunal’s finding that Mbenenge was guilty of misconduct not amounting to gross misconduct.
READ: EC Judge President Mbenenge cleared of gross misconduct
Instead, the JSC found that, based on the common cause facts, his conduct constitutes gross misconduct.
It will now submit its findings, along with reasons and the full report, to the Speaker of the National Assembly in line with the JSC Act.
The Commission has asked the parties to submit written arguments on whether it should recommend that the president suspend Judge President Mbenenge while the constitutional process to decide his fate is still underway.