Judge President Mbenenge seeks court block on JSC finding

Eastern Cape Judge President Selby Mbenenge has filed an urgent court application seeking to block a Judicial Service Commission (JSC) finding of gross misconduct that could lead to his impeachment. The application, filed in the Gauteng High Court in Pretoria, aims to prevent the JSC from referring its finding to Parliament and to stop President Cyril Ramaphosa from initiating any suspension process.

The case stems from a 2023 complaint by Andiswa Mengo, a secretary at the Makhanda High Court, who alleged Mbenenge sexually harassed her between June 2021 and November 2022. The allegations included unwanted sexual messages and inappropriate conduct. Following hearings, a Judicial Conduct Tribunal (JCT) in January 2026 found Mbenenge not guilty of gross misconduct. However, it concluded he had contravened the judicial code of conduct by initiating and conducting a flirtatious relationship with Mengo at work via WhatsApp, a finding it classified as misconduct but not gross misconduct.

The JSC reviewed the tribunal's report and, in a meeting on March 5, 2026, rejected its conclusions. The commission found that Mbenenge's actions, considering the power imbalance, constituted gross...