JSC Recommends Suspension Of Eastern Cape Judge President Selby Mbenenge To Ramaphosa

The Judicial Service Commission (JSC) has unanimously recommended that President Cyril Ramaphosa suspend Eastern Cape Judge President Selby Mbenenge following its finding of gross misconduct against him.

The recommendation comes as Parliament prepares to consider proceedings that could eventually result in Mbenenge's removal from office.

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According to the JSC, the proposed suspension is intended to preserve the integrity and credibility of the judiciary while the constitutional process continues.

The commission stressed that the recommendation is a precautionary measure rather than a form of punishment, saying it is necessary to protect the integrity, dignity and public confidence in the judicial system during the ongoing process.

Why The JSC Wants Selby Mbenenge Suspended

The JSC said the suspension is not intended as punishment, but as a precautionary step to safeguard the integrity, dignity and public confidence in the judiciary, while the constitutional process runs its course.

Mbenenge opposed the recommendation, arguing that he is already on special leave granted by the Chief Justice and is therefore not performing any judicial duties.

He further submitted that his application to have the JSC's gross misconduct finding reviewed should be finalised before any decision on suspension is taken.

Ramaphosa To Decide On JSC Suspension Recommendation

Despite Mbenenge's objections, the JSC maintained that its finding of gross misconduct remains legally effective unless it is overturned by a court.

The commission said a formal suspension remains necessary to protect the reputation of the judiciary while the constitutional process is underway.

The recommendation has now been forwarded to President Ramaphosa, who will determine whether to formally suspend Mbenenge while Parliament considers the process that could lead to his removal from office.