- The JSC has advised President Cyril Ramaphosa to suspend Judge President Selby Mbenenge pending Parliament’s decision on his removal from office.
- The recommendation follows the JSC’s finding that Judge President Mbenenge committed gross misconduct arising from a sexual harassment complaint.
- Mbenenge has challenged the JSC’s decision in court, but the constitutional process continues.
The Judicial Service Commission (JSC) has resolved to advise President Cyril Ramaphosa to suspend Eastern Cape Judge President Selby Mbenenge from his judicial duties pending the National Assembly’s decision on whether he should be removed from office.
The decision was taken at a meeting held on 7 July 2026 in terms of Section 20(1) of the Judicial Service Commission Act 9 of 1994. The meeting considered written submissions from the parties on whether the JSC should advise the President to suspend Judge President Mbenenge under Section 177(3) of the Constitution.
The JSC said members designated by the National Assembly and the National Council of Provinces did not participate in the meeting, as required by the Act. After considering the submissions, the JSC resolved to advise the President to suspend Judge President Mbenenge from his duties pending the National Assembly’s decision in terms of Section 177 of the Constitution.
Complaint led to judicial misconduct proceedings
The recommendation stems from a complaint lodged on 23 January 2023 by Andiswa Mengo, a judges’ secretary at the High Court in Makhanda.
Mengo alleged that Judge President Mbenenge repeatedly made unwelcome sexual advances towards her between 2021 and 2022, sent her sexually suggestive WhatsApp messages and pursued an intimate relationship despite her objections.
She also alleged that he kissed her without her consent in his chambers. Mbenenge denied the allegations. He maintained throughout the proceedings that the exchanges between them were consensual and that the WhatsApp conversations reflected mutual flirtation rather than sexual harassment.
The complaint was referred to the Judicial Conduct Committee, which considered the evidence and determined that a prima facie case of gross misconduct had been established. The matter was subsequently referred to a Judicial Conduct Tribunal for a full hearing.
Tribunal heard evidence from both parties
The Judicial Conduct Tribunal heard evidence from Mengo and Judge President Mbenenge over several sittings. It considered WhatsApp messages exchanged between the parties together with oral evidence presented during the proceedings.
Earlier this year, the tribunal found that Judge President Mbenenge had not committed gross misconduct or sexual harassment. It concluded, however, that he had acted inappropriately by engaging in a flirtatious relationship with a court employee and found him guilty of less serious misconduct. The tribunal did not recommend that Judge President Mbenenge be removed from office.
JSC found Mbenenge guilty of gross misconduct
The matter then returned to the JSC for consideration. After considering the tribunal’s findings and the record of the proceedings, the JSC reached a different conclusion. The JSC found that Judge President Mbenenge’s conduct amounted to sexual harassment and constituted gross misconduct.
It resolved that the constitutional process for his removal from office should proceed. That finding triggered the next stage of the process under Section 177 of the Constitution.
Suspension recommendation follows constitutional process
Section 177 of the Constitution provides that a judge may be removed from office only if the JSC finds that the judge is guilty of gross misconduct, is grossly incompetent or suffers from incapacity, and the National Assembly adopts a resolution calling for the judge’s removal with the support of at least two-thirds of its members.
Section 177(3) further provides that the President, on the advice of the JSC, may suspend a judge who is the subject of such proceedings. It was for that reason that the JSC met on 7 July to determine whether it should advise the President to suspend Judge President Mbenenge while the parliamentary process is underway. The JSC resolved to do so.
The recommendation does not, by itself, suspend Judge President Mbenenge. The decision now rests with President Ramaphosa.
Review application remains pending
Judge President Mbenenge has launched review proceedings challenging the JSC’s finding that he committed gross misconduct. He seeks to have the JSC’s decision reviewed and set aside.
The review application has not yet been finalised. Pending both the President’s decision on suspension and the outcome of the review proceedings, the National Assembly must still determine whether Judge President Mbenenge should be removed from judicial office in terms of Section 177 of the Constitution.
Get your news on the go. Click here to follow the Conviction WhatsApp channel.
