Eastern Cape judge president, Selby Mbenenge. (Judges Matter)

Eastern Cape Judge President Selby Mbenenge has approached the North Gauteng High Court, Pretoria, on an urgent basis to block the Judicial Service Commission (JSC) from recommending his impeachment to Parliament.

Mbenenge is seeking to interdict the JSC’s finding of gross misconduct and have the commission’s decision and the earlier tribunal report reviewed and set aside.

In March, the JSC rejected the Judicial Conduct Tribunal’s conclusion that Mbenenge’s behaviour in the sexual harassment complaint, brought by court secretary Andiswa Mengo, amounted to misconduct. 

Instead, the commission found that his actions constituted gross misconduct because of the serious disregard for workplace power dynamics.

Mengo presented the WhatsApp texts Mbenenge sent between 2021 and 2022 as proof of his unwarranted sexual advances. She said Mbenenge had exposed himself to her in his chambers.  

In January, the tribunal, chaired by retired Judge President Bernard Ngoepe, found Mbenenge guilty of misconduct but stopped short of classifying it gross misconduct.

However, the JSC said it could not accept the tribunal’s findings, concluding that Mbenenge’s conduct met the threshold for gross misconduct.

Mbenenge argues that the JSC’s decision was irrational, procedurally flawed and unfair. 

He says the tribunal exceeded its terms of reference and the commission’s ruling is based on a defective process. He has previously said the interactions were consensual.

Mbenenge says that allowing the process to proceed to Parliament would cause irreparable harm to his reputation and career.

If the JSC’s recommendation is tabled, the National Assembly could vote on his removal.

A two-thirds majority would be required to strip him of his judicial office and pension benefits.