The Judicial Service Commission on Monday revealed that it has recommended to President Cyril Ramaphosa that Eastern Cape Judge President Selby Mbenenge be suspended. The judicial body’s decision follows a misconduct finding linked to a sexual harassment complaint lodged by senior judges’ secretary Andiswa Mengo. It said members designated by the National Assembly and the National Council of Provinces did not take part in the meeting.
“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 confirmed. Background to the complaint Mengo accused Mbenenge of sexually harassing her through WhatsApp messages, inappropriate comments and gestures about her appearance, as well as during an incident in his chambers in November 2022. She also alleged that he had repeatedly asked her to send explicit images and had sent his own in return.
Tribunal finding and referral to the JSC The Judicial Conduct Tribunal cleared Mbenenge of gross misconduct, gross incompetence and gross incapacity in January 2026, but found him guilty of a form of misconduct that would not trigger impeachment. The tribunal held that “it is the finding that Mbenenge is guilty of a degree of misconduct that does not amount to gross misconduct in that he, at a place of work and during working hours, initiated and subsequently conducted a flirtatious relationship with Mengo through a series of WhatsApp messages exchanged between them.” The matter was then referred to the JSC for a final decision, culminating in this week’s recommendation. Mbenenge filed a review application in June challenging the JSC’s finding against him.
He is the first senior judge in South Africa to face possible impeachment over allegations of sexual misconduct. Additional reporting by Vhahangwele Nemakonde.
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