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Eastern Cape’s Judge President Selby Mbenenge is fighting to remain in judicial office after securing a court order that temporarily halted the process that could lead to his impeachment.
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Mbenenge has challenged the Judicial Service Commission’s (JSC) decision to find him guilty of gross misconduct following a sexual harassment complaint brought by former court secretary Andiswa Mengo. He argues that the commission’s decision was irrational, procedurally unfair and inconsistent with the principle of legality.
The dispute marks a significant escalation in a case that has been before South Africa’s judicial disciplinary structures for several years.
Court puts impeachment process on hold
According to EWN, following a meeting in early July 2026, the Judicial Service Commission (JSC) granted Mbenenge an interim interdict preventing Parliament and President Cyril Ramaphosa from proceeding with steps towards his impeachment while his review application is considered.
Though the order doesn’t mean Mbenenge has won his underlying legal challenge, legal analysts explain that the interdict simply pauses the impeachment process until the court determines whether the JSC’s gross-misconduct finding should stand.
Analysts report that if the judge’s review fails, the impeachment proceedings will continue. They noted that the court has not yet ruled on the merits of Mbenenge’s challenge.
Mbenenge rejects the JSC’s findings
Mbenenge continues to maintain that the interactions with Mengo were consensual and has challenged both the tribunal process and the JSC’s subsequent decision.
In court papers, he argues that the JSC acted unlawfully when it rejected the tribunal’s finding that his conduct did not amount to gross misconduct. He is seeking to have the decisions reviewed and set aside.
His application also challenges the tribunal’s finding that he breached the Code of Judicial Conduct. Mbenenge argues that he was not given a proper opportunity to defend himself against that allegation.
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Still a long road ahead
For now, Mbenenge remains engaged in a legal fight to preserve his position.
The interim interdict gives him time to challenge the JSC finding before the parliamentary process can advance. But it does not overturn the commission’s decision or establish that the JSC acted unlawfully.
For a judge president facing a potential removal from office, the stakes are considerable. The case has also raised broader questions about judicial accountability, workplace power relationships and the standards expected of South Africa’s senior judges.
But for now, Mbenenge’s message is clear: he intends to fight to remain in office, and his legal challenge has temporarily stopped the road to impeachment.
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