Eastern Cape Judge President Selby Mbenenge has approached the North Gauteng High Court in Pretoria seeking an urgent interdict to stop the implementation of decisions by the Judicial Service Commission (JSC) that found him guilty of gross misconduct and recommended his removal from office.
Court papers filed on Friday, June 5, 2026, show that Mbenenge has instituted review proceedings against the JSC, the Judicial Conduct Tribunal, the Speaker of the National Assembly, the National Assembly, President of South Africa and a junior court employee Andiswa Mengo. The application seeks both interim relief and a full review of the decisions taken against him.
This comes after the JSC concluded that Mbenenge’s actions, including pursuing a relationship with a junior court employee, Andiswa Mengo, were “grossly inappropriate” and incompatible with judicial office.
The complaint stems from allegations by Mengo, a secretary at the Makhanda High Court, that she was sexually harassed by Mbenenge between June 2021 and November 2022.
The matter first went through the Judicial Conduct Tribunal (JCT) where it was found that Mbenenge was not guilty of gross misconduct and that the relationship was consensual, however, the JSC rejected that conclusion, finding serious flaws in the tribunal’s reasoning.
In the urgent portion of the application, referred to as Part A, Mbenenge asks the court to hear the matter on an expedited basis and to prevent the JSC from implementing its decisions. He further seeks an order preventing any impeachment proceedings from moving forward while the review application is pending.
The application also seeks to interdict Parliament and the President from acting on the JSC’s findings, including any steps to remove him from office or suspend him as Judge President of the Eastern Cape Division of the High Court.
Among the orders sought in Part B of the application, Mbenenge asks the court to review and set aside the JSC’s decision rejecting the tribunal’s finding that he was not guilty of gross misconduct. Alternatively, he seeks to have the decision declared unlawful, unconstitutional and invalid.
He also challenges the tribunal’s finding that he committed misconduct by engaging in what it described as a flirtatious relationship with Mengo through WhatsApp messages exchanged during working hours.
The tribunal found that this conduct contravened Article 5.1 of the Code of Judicial Conduct but did not amount to gross misconduct. Mbenenge now seeks to have that finding reviewed and set aside as well.
The court papers reveal that Mbenenge is demanding the full record of the proceedings that culminated in the adverse findings against him. He wants the JSC and the JCT to provide transcripts, audio recordings, minutes, resolutions, attendance registers and voting records relating to the decisions taken in the matter.
The requested records include documents relating to the initial complaint, the proceedings before the JCT, oral submissions made during the disciplinary process and records of the JSC meeting held on March 5, 2026, where the finding of gross misconduct was adopted. He is also seeking disclosure of the voting record showing how JSC members voted on the classification of his conduct.
Should Mbenenge succeed in obtaining interim relief, the impeachment and suspension processes recommended by the JSC could be placed on hold pending the outcome of the review proceedings. Conversely, if the application fails, Parliament and the President may be free to continue with the constitutional processes flowing from the JSC’s findings.
