JSC recommends suspension as Mbenenge fights impeachment

The Judicial Services Commission has recommended to President Cyril Ramphosa that he suspend Eastern Cape Judge President Selby Mbenenge pending the National Assembly’s decision on his possible impeachment. In a press statement issued by JSC secretariat, it said the small JSC, which excludes members designated by the National Assembly and the National Council of Provinces, met in early July to consider written submissions on the issue. “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 JSC in April found Mbenenge guilty of sexual harassment and gross misconduct in relation to a series of salacious WhatsApp messages he sent to Makahanda high court secretary Andiswa Mengo over a period of more than a year.

In its guilty finding, the JSC overturned a judicial conduct tribunal’s finding clearing the JP of everything except ordinary misconduct. The JSC said his conduct was “grossly inappropriate for a person holding the position of Judge (let alone a Judge President)” especially in relation to a person in Mengo’s position and the imbalance of power this implied. Mbenenge has subsequently launched urgent proceedings in the Pretoria High Court to block any attempt to impeach him.

In those proceedings, he is asking that court to interdict the national assembly and President Cyril Ramaphosa from taking any action against him pending the outcome of an application to review and set aside the report. This includes interdicting both parliament and Ramaphosa from taking any action to suspend him, which is what normally happens if a judge faces impeachment proceedings. Mbenenge is seeking to review and set aside not only the JSC’s report finding him guilty of sexual harassment and gross misconduct, but also the tribunal’s finding that he was guilty of ordinary misconduct.

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He has been on special leave for more than two years while the JSC process has run its course. Click here to join the Daily Dispatch’s WhatsApp channel and get the latest news delivered straight to your phone

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