JSC Advises President Ramaphosa to Suspend Judge Selby Mbenenge

The Judicial Service Commission (JSC) has advised President Cyril Ramaphosa to suspend Selby Mbenenge, the judge president of the Eastern Cape High Court, pending an impeachment decision by the National Assembly. This recommendation follows a JSC finding of gross misconduct stemming from sexual harassment complaints filed by court secretary Andiswa Mengo, who alleged physical and digital harassment via WhatsApp between June 2021 and 2022.

The JSC overturned a previous ruling by the Judicial Conduct Tribunal, which had found that Mbenenge breached the code of judicial conduct but stopped short of finding gross misconduct. The JSC rejected those findings, stating the Tribunal failed to account for the power imbalance between the judge and the secretary.

Mbenenge, who has been on special leave since February 2024, has launched urgent proceedings in the Pretoria High Court to block the impeachment process and set aside the findings. He argues the JSC's decision was irrational, unconstitutional, and unlawful. The JSC maintains the requested suspension is a precautionary measure to protect judicial integrity.

If the National Assembly reaches a two-thirds majority vote for impeachment, Mbenenge will lose his judicial title and lifetime salary benefits.