Judicial Service Commission urges suspension of Eastern Cape Judge President Selby Mbenenge

The Judicial Service Commission (JSC) has advised President Cyril Ramaphosa to suspend Eastern Cape Judge President Selby Mbenenge while the National Assembly considers proceedings under Section 177 of the Constitution, the commission said in a media statement on Monday.

What the JSC decided

The JSC said it met on 7 July 2026, in terms of Section 20(1) of the Judicial Service Commission Act 9 of 1994, to consider written submissions on whether to advise the President to suspend Mbenenge under Section 177(3) of the Constitution.

“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,”

Background to the recommendation

The recommendation follows the JSC’s earlier finding that Mbenenge committed gross misconduct and its recommendation that he be removed from office.

The complaint against Mbenenge stems from allegations by Andiswa Mengo, a secretary at the Makhanda High Court, that he sexually harassed her between June 2021 and November 2022. The JSC concluded that Mbenenge’s conduct, including pursuing a relationship with Mengo, was “grossly inappropriate” and incompatible with judicial office.

Tribunal finding and JSC response

The matter was first heard by the Judicial Conduct Tribunal (JCT), which found that Mbenenge was not guilty of gross misconduct and ruled the relationship was consensual. The JSC rejected the tribunal’s conclusion, saying there were serious flaws in the tribunal’s reasoning.

Legal challenge by Mbenenge

Mbenenge launched legal action after the JSC’s findings. Court papers filed in the North Gauteng High Court in Pretoria on 5 June 2026 show he instituted review proceedings against the JSC, the JCT, the Speaker of the National Assembly, the National Assembly, the president and Andiswa Mengo.

In the urgent part of the application he asked the court to hear the matter on an expedited basis and to prevent the JSC from implementing its decisions. He also sought orders stopping impeachment proceedings and interdicting Parliament and the president from acting on the JSC’s findings, including taking steps to suspend or remove him from office.

In his review application, Mbenenge asked the court to set aside the JSC’s decision rejecting the tribunal’s finding that he was not guilty of gross misconduct, or alternatively to declare that decision unlawful, unconstitutional and invalid.

The application further challenges the tribunal’s finding that he committed misconduct by engaging in what it described as a flirtatious relationship with Mengo through WhatsApp messages exchanged during working hours. He is also seeking disclosure of the full record of the proceedings that led to the adverse findings against him, including transcripts, audio recordings, minutes, resolutions, attendance registers and voting records.

Next steps

With the JSC’s recommendation now made to the President, the matter moves to Parliament for consideration under Section 177 of the Constitution. The JSC has asked that Mbenenge be suspended from his duties pending the National Assembly’s decision.