Judge President Mbenenge asks court to block impeachment after JSC finds him guilty

Judge President Selby Mbenenge has approached the North Gauteng High Court in Pretoria seeking an urgent interdict to prevent implementation of Judicial Service Commission (JSC) decisions that found him guilty of gross misconduct and recommended his removal from office.

Urgent review and interim relief

Court papers filed on Friday, June 5, 2026 show that Mbenenge has instituted review proceedings against the JSC, the Judicial Conduct Tribunal (JCT), the Speaker of the National Assembly, the National Assembly, the President of South Africa and a junior court employee, Andiswa Mengo. The application seeks both interim relief and a full review of the decisions taken against him.

Grounds of the complaint and prior findings

The JSC concluded that Mbenenge’s actions, including pursuing a relationship with a junior court employee, were “grossly inappropriate” and incompatible with judicial office. The complaint originated from allegations by Mengo, a secretary at the Makhanda High Court, that she was sexually harassed by Mbenenge between June 2021 and November 2022.

The matter first went before the Judicial Conduct Tribunal, which found that Mbenenge was not guilty of gross misconduct and described the relationship as consensual. The JSC subsequently rejected the tribunal’s conclusion, finding serious flaws in the tribunal’s reasoning and adopting a finding of gross misconduct.

What Mbenenge is asking the court to stop

In the urgent portion of the application, referred to as Part A, Mbenenge asks the court to hear the matter on an expedited basis and to prevent the JSC from implementing its decisions. He further seeks an order preventing any impeachment proceedings from moving forward while the review application is pending.

The application also seeks to interdict Parliament and the President from acting on the JSC’s findings, including any steps to remove or suspend him as Judge President of the Eastern Cape Division of the High Court.

Review relief and records sought

Among the orders sought in Part B of the application, Mbenenge asks the court to review and set aside the JSC’s decision that rejected the tribunal’s not-guilty finding. Alternatively, he seeks an order declaring that decision unlawful, unconstitutional and invalid.

He also 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. The tribunal had found that this conduct contravened Article 5.1 of the Code of Judicial Conduct but did not amount to gross misconduct.

The court papers reveal that Mbenenge is demanding the full record of the proceedings that culminated in the adverse findings. He requests transcripts, audio recordings, minutes, resolutions, attendance registers and voting records relating to the decisions, including documents relating to the initial complaint, proceedings before the JCT, oral submissions and records of the JSC meeting held on March 5, 2026, when the finding of gross misconduct was adopted.

Possible outcomes

Should the court grant interim relief, the impeachment and suspension processes recommended by the JSC could be placed on hold pending the outcome of the review proceedings. If the application fails, Parliament and the President may proceed with constitutional processes flowing from the JSC’s findings.