Selby Mfanelo Mbenenge (born 18 March 1961) is the Judge President of the

Eastern Cape Division The Eastern Cape Division of the High Court of South Africa is a superior court of law with general jurisdiction over the Eastern Cape province of South Africa. The main seat of the division is at Makhanda, with subordinate local seats at Gqeberh ...

of the

High Court of South Africa The High Court of South Africa is a superior court of law in South Africa. It is divided into nine provinces of South Africa, provincial divisions, some of which sit in more than one location. Each High Court division has general jurisdiction ov ...

. He joined the bench as a

puisne judge Puisne judge and puisne justice () are terms for an ordinary judge or a judge of lesser rank of a particular court. The term comes from a combination of the two French words, (since, later) and (born) which have been combined as or ; meaning ...

in July 2015 and was elevated to the judge presidency in November 2017. He was formerly an advocate and

silk Silk is a natural fiber, natural protein fiber, some forms of which can be weaving, woven into textiles. The protein fiber of silk is composed mainly of fibroin and is most commonly produced by certain insect larvae to form cocoon (silk), c ...

East London East London is the part of London, England, east of the ancient City of London and north of the River Thames as it begins to widen. East London developed as London Docklands, London's docklands and the primary industrial centre. The expansion of ...

and

Mthatha Mthatha ( , ), alternatively rendered Umtata, is the main city of the King Sabata Dalindyebo Local Municipality in Eastern Cape province of South Africa and the capital of OR Tambo District Municipality. The city has an airport, previously known ...

Early life and education

Mbenenge was born on 18 March 1961 in Butterworth in the Transkei region of the former

Cape Province The Province of the Cape of Good Hope (), commonly referred to as the Cape Province () and colloquially as The Cape (), was a province in the Union of South Africa and subsequently the Republic of South Africa. It encompassed the old Cape Co ...

. His family belongs to the

Xhosa Xhosa may refer to: * Xhosa people, a nation, and ethnic group, who live in south-central and southeasterly region of South Africa * Xhosa language, one of the 11 official languages of South Africa, principally spoken by the Xhosa people See als ...

Jola clan and both of his parents were teachers, though his father later went into business. He attended primary school in Butterworth at Bethel Training College and matriculated in 1979 at St John's College in

. During his last year of high school, Mbenenge did vacation work for Advocate Neilen Locke, which inspired his interest in law. He received a bursary from the

Transkei Transkei ( , meaning ''the area beyond Great Kei River,

he river The He River is a tributary of the Xi River in Guangxi and Guangdong provinces in China China, officially the People's Republic of China (PRC), is a country in East Asia. With population of China, a population exceeding 1.4 billion, it ...

Kei''), officially the Republic of Transkei (), was an list of historical unrecognized states and dependencies, unrecognised state in the southeastern region of South Africa f ...

government to enrol at the

University of Transkei The University of Transkei was a university in Umtata in the former bantustan of Transkei in South Africa. It was founded in 1976 as a branch of the University of Fort Hare and after the Transkei gained nominal independence in 1977, it became th ...

, where he completed a BJuris in 1984 and an LLB in 1987.

Legal career

After completing his BJuris in 1984, Mbenenge began his legal career as a regional court prosecutor in Butterworth, though he later transferred to Mthatha in order to continue his LLB studies part-time. When he graduated from his LLB in 1987, he was hired as a state law adviser in the Transkei. He retained that job on-and-off for the next six years, though he took a hiatus to lecture in law at his alma mater from 1988 to 1999 and another to complete his

pupillage A pupillage, in England and Wales, Northern Ireland, Kenya, Malaysia, Pakistan and Hong Kong, is the final, vocational stage of training for those wishing to become practising barristers. Pupillage is similar to an apprenticeship, during which ba ...

Johannesburg Johannesburg ( , , ; Zulu language, Zulu and Xhosa language, Xhosa: eGoli ) (colloquially known as Jozi, Joburg, Jo'burg or "The City of Gold") is the most populous city in South Africa. With 5,538,596 people in the City of Johannesburg alon ...

from 1990 to 1992. In 1993, Mbenenge joined the Transkei Bar at Mthatha. For the next 22 years, he practised as an

advocate An advocate is a professional in the field of law. List of country legal systems, Different countries and legal systems use the term with somewhat differing meanings. The broad equivalent in many English law–based jurisdictions could be a ba ...

in the

Eastern Cape The Eastern Cape ( ; ) is one of the nine provinces of South Africa. Its capital is Bhisho, and its largest city is Gqeberha (Port Elizabeth). Due to its climate and nineteenth-century towns, it is a common location for tourists. It is also kno ...

, based primarily in

; he

took silk A King's Counsel ( post-nominal initials KC) is a senior lawyer appointed by the monarch (or their viceregal representative) of some Commonwealth realms as a "Counsel learned in the law". When the reigning monarch is a woman, the title is Qu ...

in 2005. During his career as an advocate, he was an acting judge on several occasions – in the

Labour Court A labor court (or labour court or industrial tribunal) is a governmental judiciary body which rules on labor or employment-related matters and disputes. In a number of countries, labor cases are often taken to separate national labor high courts. O ...

and in the

and

KwaZulu-Natal KwaZulu-Natal (, also referred to as KZN) is a Provinces of South Africa, province of South Africa that was created in 1994 when the government merged the Zulu people, Zulu bantustan of KwaZulu ("Place of the Zulu" in Zulu language, Zulu) and ...

Divisions of the High Court – and argued multiple briefs in the

Constitutional Court A constitutional court is a high court that deals primarily with constitutional law. Its main authority is to rule on whether laws that are challenged are in fact unconstitutional, i.e. whether they conflict with constitutionally established ru ...

. In October 2012, Mbenenge rose to national prominence when the

National Prosecuting Authority The National Prosecuting Authority (NPA) is the agency of the South African Government responsible for state prosecutions. Under Section 179 of the South African Constitution and the National Prosecuting Authority Act of 1998, which establi ...

appointed him to chair the disciplinary hearing into complaints against

Glynnis Breytenbach Glynnis Breytenbach (born 9 August 1960, ) is a former prosecutor for the National Prosecuting Authority (NPA) of South Africa and is a Member of Parliament for the Democratic Alliance (DA). She was Shadow Minister of Justice In its b ...

, a suspended senior prosecutor. He was the third and final lawyer appointed to the chair the hearing; in May 2013, he cleared Breytenbach of all charges, finding that she had been subject to "victimisation" by the National Prosecuting Authority's leadership. Later in 2013, with Bantubonke Tokota, he represented Constitutional Court justices

Chris Jafta Christopher Nyaole Jafta (born 1959) is a retired South African judge who served in the Constitutional Court of South Africa from October 2009 to October 2021. Formerly an academic and practising advocate in the Transkei, he joined the bench in ...

and

Bess Nkabinde Baaitse Elizabeth "Bess" Nkabinde-Mmono (; born 15 May 1959) is a South African retired judge who served in the Constitutional Court of South Africa from January 2006 to December 2017. During that time, she was acting Deputy Chief Justice of Sou ...

at the Judicial Service Commission proceedings which probed

allegations In law, an allegation is a claim of an unproven fact by a party in a pleading, charge, or defense. Until they can be proved, allegations remain merely assertions. Types of allegations Marital allegations There are also marital allegations: m ...

that judge John Hlophe had attempted improperly to influence the justices.

Eastern Cape High Court: 2015–present

In April 2015, the Judicial Service Commission shortlisted and interviewed Mbenenge as one of five candidates for permanent appointment to one of two judicial vacancies in the Eastern Cape High Court. The interview proceeded smoothly, with commissioner

Julius Malema Julius Sello Malema (born 3 March 1981) is a South African politician. He is the founder and leader of the Economic Freedom Fighters (EFF), a communist political party known for the red berets and military-style outfits worn by its members. Be ...

joking with Mbenenge that "you look like a judge". Asked why he had not accepted nomination to the bench before then, Mbenenge explained that he had an extended family to support on his salary. After the interviews, the Judicial Service Commission recommended Mbenenge and

Gerald Bloem Gerald is a masculine given name derived from the Germanic languages prefix ''ger-'' ("spear") and suffix ''-wald'' ("rule"). Gerald is a Norman French variant of the Germanic name. An Old English equivalent name was Garweald, the likely original ...

for the judicial vacancies. In June, President

Jacob Zuma Jacob Gedleyihlekisa Zuma (; born 12 April 1942) is a South African politician who served as the fourth president of South Africa from 2009 to 2018. He is also referred to by his initials JZ and clan names Nxamalala and Msholozi. Zuma was a for ...

confirmed their appointment with effect from 1 July 2015.

Judge presidency

In September 2015, two months after Mbenenge joined the bench, the Judicial Service Commission shortlisted him as one of three candidates for the position of Deputy Judge President of the Bhisho High Court in the Eastern Cape Division. During his interview the following month, Mbenenge was questioned about his relative lack of judicial experience, particularly by Judge President Themba Sangoni and by commissioner Malema; Malema said that Mbenenge's application for promotion made him "look like you are subject to uncontrollable ambition for power". Chief Justice

Mogoeng Mogoeng Mogoeng Thomas Reetsang Mogoeng (born 14 January 1961) is a South African jurist who served as the Chief Justice of South Africa from 8 September 2011 until his retirement on 11 October 2021. Early life Mogoeng was born on 14 January 1961 in G ...

agreed, saying that when he had seen Mbenenge's application, he had thought, "''Hawu'', what level of ambition is this?" Mbenenge responded that the promotion "has nothing to do with power; it is about descending to servantship". Nonetheless, after the interviews, the commission recommended another candidate, acting Deputy Judge President David van Zyl, for the position. However, Mbenenge acted as Deputy Judge President at the Mthatha seat for a period in 2017. In October 2017, he returned to the Judicial Service Commission as a candidate to succeed Sangoni as Judge President of the Eastern Cape Division. During his interview, which lasted almost three hours, Mbenenge outlined a vision for a "user-friendly motion-court system" that would improve access to justice. He advertised himself as a "visionary" and "extrovert" and pointed to his "remarkable" contribution to jurisprudence, including nine reported judgements. The Judicial Service Commission recommended him for appointment, and President Zuma appointed him as Judge President with effect from 7 November 2017. During his tenure in the judge presidency, Mbenenge oversaw the renaming of the Grahamstown High Court as the Makhanda High Court when the city was renamed.

Notable judgements

On 12 December 2019 in the Makhanda High Court, Mbenenge handed down judgement in ''Centre for Child Law v Minister of Basic Education'', sometimes called the "Phakamisa judgement" after Phakamisa High School in

Gqeberha Gqeberha ( , ), formerly named Port Elizabeth, and colloquially referred to as P.E., is a major seaport and the most populous city in the Eastern Cape province of South Africa. It is the seat of the Nelson Mandela Bay Metropolitan Municipa ...

. In the judgement, Mbenenge overturned a directive of the Eastern Cape Department of Education which had the effect of barring undocumented children (both

immigrants Immigration is the international movement of people to a destination country of which they are not usual residents or where they do not possess nationality in order to settle as permanent residents. Commuters, tourists, and other short- ...

and South Africans without identity documents) from public schools in the province. He found that the policy constituted an unjustifiable and unconstitutional limitation on the right to basic education, the paramountcy of the

best interests of the child Best interests or best interests of the child is a child rights principle, which derives from Article 3 of the UN Convention on the Rights of the Child, which says that "in all actions concerning children, whether undertaken by public or private ...

, and the rights to equality and human dignity, which he said applied equally to undocumented children. In 2022, the

Legal Resources Centre The Legal Resources Centre (LRC) is a human rights organisation based in South Africa with offices in Johannesburg (including a Constitutional Litigation Unit), Cape Town, Durban and Grahamstown. It was founded in 1979 by a group of prominent South ...

published a children's comic book, ''Where is Sanele?'', to raise awareness about the Phakamisa judgement. On 1 September 2022, Mbenenge handed down judgement in ''Sustaining the Wild Coast v Minister of Mineral Resources and Energy'', which blocked

Shell Shell may refer to: Architecture and design * Shell (structure), a thin structure ** Concrete shell, a thin shell of concrete, usually with no interior columns or exterior buttresses Science Biology * Seashell, a hard outer layer of a marine ani ...

from conducting seismic blasting off the Wild Coast of the Eastern Cape. He found that Shell's exploration right, granted by the national government in 2014, was awarded unlawfully and without sufficient public consultation.

Sexual harassment complaint

In December 2022, a misconduct complaint was filed against Mbenenge at the Judicial Conduct Committee of the Judicial Service Commission. He was accused of

sexual harassment Sexual harassment is a type of harassment based on the sex or gender of a victim. It can involve offensive sexist or sexual behavior, verbal or physical actions, up to bribery, coercion, and assault. Harassment may be explicit or implicit, wit ...

by Andiswa Mengo, a female clerk in the Makhanda High Court. The Judicial Conduct Committee (comprising appellate judges Dumisani Zondi,

Tati Makgoka Tati Moffat Makgoka (born 13 February 1968) is a South African judge of the Supreme Court of Appeal. Formerly an attorney in Pretoria, he served in the Gauteng High Court from August 2009 until June 2018, when he was elevated to the Supreme ...

, and Nolwazi Mabindla-Boqwana) held a one-day hearing into the complaint in July 2023; Mbenenge was represented by Wim Trengove and two other silks. In September, the committee found that there was a ''prima facie'' case of gross misconduct against Mbenenge and recommended that a judicial conduct tribunal should be appointed to investigate the substance of Mengo's complaint. The Judicial Service Commission accepted the recommendation and announced in December 2023 that a conduct tribunal would be constituted. In the meantime, Mbenenge sought special leave from his judicial duties from December 2023 to March 2024.

Personal life

Mbenenge is married and has three children, two daughters and a son. Two of his children are attorneys of the High Court: he and family friend Bantubonke Tokota admitted his daughter, Nontlahla Mbenenge, to the bar in May 2018, and he admitted his son, Sipho Mbenenge, in November 2023. He is

Christian A Christian () is a person who follows or adheres to Christianity, a Monotheism, monotheistic Abrahamic religion based on the life and teachings of Jesus in Christianity, Jesus Christ. Christians form the largest religious community in the wo ...

. He is also a singer and has been a member of several

choral A choir ( ), also known as a chorale or chorus (from Latin ''chorus'', meaning 'a dance in a circle') is a musical ensemble of singers. Choral music, in turn, is the music written specifically for such an ensemble to perform or in other words ...

groups, including the Joybells Quartet, with whom he produced two albums, and East London's Summerpride Seventh Day Adventist Church Choir.

References

External links

S. M. Mbenenge
at Judges Matter {{DEFAULTSORT:Mbenenge, Selby Living people 1961 births 21st-century South African judges 20th-century South African lawyers 21st-century South African lawyers South African Senior Counsel Judges of the Eastern Cape High Court People from Mnquma Local Municipality Walter Sisulu University alumni