- The High Court in Pretoria has stopped Parliament from proceeding with the impeachment process against Eastern Cape Judge President Selby Mbenenge.
- Acting Judge President AP Ledwaba granted the interim order on an unopposed basis and by consent.
- The order will remain in force until the court decides Mbenenge's review application
The High Court in Pretoria has granted Eastern Cape Judge President Selby Mbenenge interim relief preventing Parliament from proceeding with impeachment proceedings against him while the court considers his application to review a decision of the Judicial Service Commission.
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Judge Mbenenge brought the application against the Judicial Service Commission, Judicial Conduct Tribunal, Speaker of the National Assembly, National Assembly, President of South Africa and Andiswa Mengo. Acting Judge President AP Ledwaba granted the order on an unopposed basis and by consent in chambers on 31 July 2026.
Judge seeks to halt impeachment process
The application arises from the JSC's decision of 5 March 2026, which was communicated to Judge Mbenenge on 16 April 2026, paving the way for Parliament to begin the constitutional process that could ultimately lead to his removal from office.
Pending the determination of the review application in Part B of the proceedings, Judge President Ledwaba ordered that the Speaker of the National Assembly and the National Assembly are interdicted and restrained from acting on that JSC decision.
The order specifically prevents Parliament from proceeding with impeachment proceedings in terms of Section 177(1) of the Constitution until the review application has been decided.
Background to the dispute
The review application follows findings made by a Judicial Conduct Tribunal concerning allegations of sexual harassment brought by Andiswa Mengo, who is cited as the sixth respondent in the proceedings.
After considering the tribunal's report, the JSC resolved on 5 March 2026 to recommend that Parliament begin the constitutional process that could result in Judge Mbenenge's removal from judicial office.
Judge Mbenenge disputes that decision and has approached the High Court in Pretoria seeking to have it reviewed and set aside. He argued that allowing Parliament to continue with the impeachment process before the review is heard could render the proceedings academic if the JSC's decision is later overturned.
Relief against President postponed
The court also ordered that the relief sought against the President of the Republic of South Africa, cited as the fifth respondent, is postponed sine die, meaning it has been postponed indefinitely without a new hearing date being set.
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