All Eyes On Ramaphosa As Decision Looms Over Judge President Selby Mbenenge's Future

President Cyril Ramaphosa is expected to decide whether Eastern Cape Judge President Selby Mbenenge should be suspended after the Judicial Service Commission (JSC) recommended the move following findings of gross misconduct.

The recommendation follows the JSC's conclusion that Mbenenge committed gross misconduct in relation to sexual harassment allegations made by his former secretary, Andiswa Mengo.

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However, Mbenenge has launched a legal review, arguing that the commission relied on the incorrect legal test when reaching its decision.

The judge president is also attempting to prevent his impeachment through a separate High Court application. In that case, he is seeking to have the JSC's findings overturned, claiming the decision was irrational, unlawful and procedurally flawed.

JSC Suspension Recommendation Separate From Court Challenge

Research and advocacy officer at Judges Matter, Mbekezile Benjamin, said the recommendation for suspension does not interfere with Mbenenge's ongoing legal applications.

“The decision by the Judicial Service Commission to place Judge Mbenenge on suspension does not affect his ongoing legal proceedings; in those legal proceedings, he's asking for an interdict to stop Parliament from continuing with the impeachment process.”

Benjamin explained that the suspension recommendation and the court proceedings are distinct processes that will continue independently.

WhatsApp Messages Remain Central To Judicial Misconduct Case

The matter centres on WhatsApp exchanges between Mbenenge and Mengo.

While the Judicial Conduct Tribunal found that Mengo had been untruthful in parts of her testimony and had willingly participated in the message exchanges, it nevertheless concluded that Mbenenge had breached the judicial code of conduct. The JSC later determined that the conduct amounted to gross misconduct.

Mbenenge disputes that conclusion, maintaining that the finding was based on the wrong legal test and should be set aside.

His bid to halt the impeachment process will depend on the outcome of his court application. Parliament's impeachment proceedings can only be stopped if the court grants the interdict he is seeking.