Court grants Mbenenge interdict to halt impeachment proceedings
The High Court in Pretoria has granted Eastern Judge President Selby Mbenenge’s application to interdict Parliament from initiating impeachment proceedings against him.
Mbenenge turned to the courts after the Judicial Service Commission (JSC) overturned an initial misconduct finding by the Judicial Conduct Tribunal (JCT), escalating it to gross misconduct, in his sexual harassment matter.
The court granted interim relief pending review of the JSC’s report recommending Mbenenge’s impeachment.
In his papers to the court, Mbenenge contends that the JCT’s initial finding of misconduct went beyond its terms of reference and was procedurally unfair.
He argued that the subsequent finding of gross misconduct was based on a flawed process.
Mbenenge was hauled before the JCT last year to answer allegations by court clerk Andiswa Mengo that he abused his power when proposing a romantic relationship to her over an extended period, sending flirtatious messages, and allegedly exposing himself in his chambers in November 2022.
The JSC found that Mbenenge had ignored the power imbalance between himself and Mengo. However, he has maintained that their relationship was consensual.
Last week, the commission announced that it had recommended that President Cyril Ramaphosa should place Mbenenge on suspension, pending the National Assembly’s decision on his fate.
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