Suspend judge Mbenenge after gross misconduct finding, JSC urges Ramaphosa

The Judicial Service Commission (JSC) has advised President Cyril Ramaphosa to suspend Eastern Cape High Court judge president Selby Mbenenge as he faces an impeachment recommendation. The move follows the commission’sdecision in Aprilto refer its gross misconduct finding against Mbenenge, in a sexual harassment complaint, to the National Assembly for impeachment consideration. “The JSC [has] 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 said in a statement on Monday.

The constitution stipulates that the president, on the advice of the JSC, may suspend a judge who is facing a process of removal from office when the JSC finds that the judge suffers from an incapacity, is grossly incompetent or guilty of gross misconduct. Mbenenge has been on special leave since February 2024 after a sexual harassment complaint was made against him by his secretary, Andiswa Mengo. She accused the judge president of sexually harassing her in their engagements on WhatsApp from June 2021 to 2022 and physically as well.

Mbenenge has taken the commission’s decision on review and approached the high court in Pretoria to halt parliament’s impeachment consideration process. He faces the risk of losing his judicial title and lifetime salary benefits if two-thirds of the National Assembly vote to impeach him. The Judicial Conduct Tribunal (JCT), chaired by former Gauteng judge president Bernard Ngoepe and fellow panel members judge Cynthia Pretorius and advocate Gift Mashaba, which probed the sexual harassment complaint, did not find Mbenenge guilty of gross misconduct.

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It found he breached the code of judicial conduct provision, which states a judge must always act honourably. The JSC did not accept the findings of the tribunal and found that Mbenenge’s conduct constituted gross misconduct, which is grounds in the constitution for the removal of a judge.Business Day

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