JSC recommends suspension of Judge Mbenenge over gross misconduct
The Judicial Service Commission (JSC) has recommended that President Cyril Ramaphosa suspend Eastern Cape Judge President Selby Mbenenge.
Mbenenge is accused of making unsolicited sexual advances towards court secretary Mandisa Mengo between 2021 and 2022.
The JSC recommended that Mbenenge be suspended pending a decision by the National Assembly.
"At this meeting, the JSC resolved to advise the President to suspend Judge President Mbenenge from his duties pending the decision of the National Assembly, as contemplated in Section 177 of the Constitution," the Office of the Chief Justice said in a statement on Monday.
Earlier this year, the commission overturned a Judicial Conduct Tribunal finding of misconduct, replacing it with a finding of gross misconduct, paving the way for a possible impeachment.
The JSC found that Mbenenge had ignored the power imbalance between himself and Mengo. However, he has maintained that their relationship was consensual.
Mbenenge has since approached the court to prevent the JSC from referring its report to Parliament and the Speaker of the National Assembly.
The judge wants both the Judicial Service Commission's report and the Judicial Conduct Tribunal's report to be reviewed and set aside.
If unsuccessful, Mbenenge could become the second Judge President to face impeachment, following former Western Cape Judge President John Hlophe, who was impeached in 2024.
