Robes and reputations: The tribunal of Eastern Cape Judge President, Selby Mbenenge
The judicial conduct tribunal is the judiciary's internal mechanism to investigate complaints against judges.The tribunal is chaired by a retired judge - Judge President, Bernard Ngoepe who is assisted by two other members — one of whom is also a retired judge herself, Cynthia Pretorius as well as a non-judicial member, Advocate Gift Mashaba. Their job is to determine whether the judge in question has acted in a manner so unbecoming that it warrants a gross misconduct finding.The establishment of a tribunal triggers the impeachment process of the judge as per section 177 of the Constitution of the Republic of South Africa.If the tribunal makes a gross misconduct finding against the top judge, it will present a report to the judicial service commission that will consider it and may confirm the finding of the tribunal.The constitution provides three grounds upon which a judge can be impeached, one of which is gross misconduct, another being gross incompetence and the last being that the judge suffers from an incapacity.Therefore, if the finding of guilt is made against the judge and the JSC confirms it, it will then go to the National Assembly which has to vote on the matter. Only a two-thirds majority, that is 267 of the 400 members of parliament must vote in favour of the impeachment, can give effect to the gross misconduct finding.Thereafter, the president must act on the decision of the legislative body and addresses a letter to the judge explaining the date upon which they will cease to be such.
After this, the judge loses all their benefits including a lifetime salary of over R2 million, in the case of judge president, Mbenenge. May 5: The return of the tribunal
Now, with the resumption scheduled for Monday, the tribunal is expected to have Mbenenge's witnesses called to the stand as well as the senior judge under scrutiny, himself with all evidence combed through thoroughly. All eyes will be on that all important testimony.Since the adjournment, judicial ethics and gender-based misconduct have gained renewed traction in the national discourse with the public mood shifting from curiosity to concern.For Mbenenge, there is much to lose. A finding of gross misconduct could see him removed from the bench, a rare and ignominious end to a previously distinguished career. But some argue that, with such allegations, the judiciary's repute as a whole has already lost.For the complainant, who has already detailed the impact such an ordeal has had on her, 'It broke me. It took away my dignity. It took away the kindness that I have always shown to my colleagues and people around. It left me naked and it tore me apart' the outcome – which may not come anytime soon – will no doubt leave a lasting impact on her.
And for the rest of the country, the tribunal and the testimonies before it have lifted a veil on elements within the judiciary which have often gone unnoticed, puncturing the myth of judicial infallibility.
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