South African judge wins urgent court reprieve, halting impeachment move
Eastern Cape Judge President Selby Mbenenge has won a temporary reprieve in his fight against removal from office. The Pretoria High Court has granted him
Eastern Cape Judge President Selby Mbenenge has won a temporary reprieve in his fight against removal from office. The Pretoria High Court has granted him an urgent interdict that stops Parliament from pushing ahead with impeachment proceedings for now.
The ruling pauses a process that had been gathering pace after the Judicial Service Commission found Mbenenge guilty of gross misconduct and recommended that he be removed from office. His legal challenge now puts the parliamentary path on hold until a review of the commission’s decision is resolved.
Court pause blocks Parliament
The order means Parliament cannot advance impeachment steps while Mbenenge’s court bid is pending. That gives the judge president a short-term shield as he contests both the commission’s findings and the route being taken to act on them.
The case has drawn attention because it sits at the intersection of judicial accountability and constitutional process. Mbenenge is one of the most senior judges in South Africa’s Eastern Cape division, and the fight over his future now moves from the judicial disciplinary system into the courts and Parliament.
Complaint and misconduct finding
The JSC’s decision followed a complaint by Andiswa Mengo, Mbenenge’s junior court employee. The allegations centred on claims of sexual harassment, and the commission concluded that his conduct was “grossly inappropriate,” according to the material before the court.
Mbenenge has pushed back hard. In court papers, he says his relationship with Mengo was consensual and argues that the JSC acted unlawfully when it overturned an earlier tribunal finding that had held him guilty only of a lesser misconduct offence. He has also said Mengo was given an unfair advantage.
The separate tribunal and commission findings have left the matter in a legal tangle. For now, though, the urgent interdict wins him time. Parliament’s impeachment machinery is on ice until the review fight is settled.
The JSC had already advised President Cyril Ramaphosa to suspend Mbenenge while Parliament considered whether he should be removed under Section 177 of the Constitution. That recommendation, too, now sits beneath the court challenge. The next move will depend on when the review is heard — and how the courts treat the JSC’s finding of gross misconduct.
