JSC advises President Ramaphosa to suspend Judge Mbenenge

The Judicial Service Commission has formally advised President Cyril Ramaphosa to suspend Eastern Cape Judge President Selby Mbenenge from his duties, pending a parliamentary decision on his possible impeachment. The recommendation, announced on July 27, 2026, follows the JSC's finding that Mbenenge is guilty of gross misconduct related to sexual harassment allegations.

The case stems from a complaint lodged by Andiswa Mengo, a secretary at the Eastern Cape High Court in Makhanda, regarding interactions with Mbenenge between June 2021 and November 2022. A Judicial Conduct Tribunal initially ruled in January 2026 that Mbenenge was not guilty of sexual harassment or gross misconduct, characterizing the exchange of WhatsApp messages as consensual flirtation and finding no power imbalance. The JSC, however, overturned that conclusion in April 2026, an unprecedented step, finding Mbenenge guilty of gross misconduct instead. The commission stated the tribunal had failed to properly account for the power imbalance between a judge president and a junior employee and had understated the seriousness of the communications.

Mbenenge has challenged the JSC's finding in the High Court in...