Eastern Cape Judge President Selby Mbenenge has achieved a significant legal breakthrough in his ongoing battle against impeachment after the Pretoria High Court granted him an urgent interdict, preventing Parliament from moving forward with proceedings against him.
This ruling serves as a temporary safeguard for Mbenenge while he challenges the findings of the Judicial Service Commission (JSC), which deemed him guilty of gross misconduct.
The court order effectively suspends any impeachment actions by Parliament until the legal review regarding the JSC’s verdict is resolved.
The allegations, primarily revolving around claims from his secretary of sexual harassment, have cast a shadow over Mbenenge’s esteemed judicial career.
The JSC found Mbenenge guilty of gross misconduct and recommended his removal from office.
This comes after the JSC concluded that Mbenenge’s actions, including pursuing a relationship with a junior court employee, Andiswa Mengo, were “grossly inappropriate” and incompatible with judicial office.
The complaint stems from allegations by Mengo, a secretary at the Makhanda High Court, that she was sexually harassed by Mbenenge between June 2021 and November 2022.
The matter first went through the Judicial Conduct Tribunal (JCT) where it was found that Mbenenge was not guilty of gross misconduct and that the relationship was consensual, however, the JSC rejected that conclusion, finding serious flaws in the tribunal’s reasoning.
The tribunal found that this conduct contravened Article 5.1 of the Code of Judicial Conduct but did not amount to gross misconduct. Mbenenge now seeks to have the finding reviewed and set aside as well.
In his application, Mbenenge is demanding the full record of the proceedings that culminated in the adverse findings against him. He wants the JSC and the JCT to provide transcripts, audio recordings, minutes, resolutions, attendance registers and voting records relating to the decisions taken in the matter.
The requested records include documents relating to the initial complaint, the proceedings before the JCT, oral submissions made during the disciplinary process and records of the JSC meeting held on March 5, 2026, where the finding of gross misconduct was adopted. He is also seeking disclosure of the voting record showing how JSC members voted on the classification of his conduct.
sinenhlanhla.masilela@iol.co.za
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