Judge President Selby Mbenenge wins court order halting impeachment process
Eastern Cape Judge President Selby Mbenenge has secured an interim interdict from the Gauteng High Court in Pretoria, temporarily halting impeachment proceedings against him.
The order, granted on Friday 31 July 2026, restrains Parliament and the National Assembly from acting on the Judicial Service Commission’s (JSC) findings of gross misconduct pending the determination of Mbenenge’s review application.
The case stems from a sexual harassment complaint lodged by judges’ secretary Andiswa Mengo. She alleged that between June 2021 and November 2022, Mbenenge sent her unwanted WhatsApp messages containing sexually explicit content and made advances in person. Mbenenge has maintained the interactions were consensual.
A Judicial Conduct Tribunal earlier found him guilty only of a lesser form of misconduct for initiating a flirtatious workplace relationship, a finding that would not have triggered removal from office. In April 2026 the JSC rejected that conclusion, classifying his conduct as gross misconduct, grounds for possible impeachment under section 177 of the Constitution and later in July advised President Cyril Ramaphosa to suspend him.
Mbenenge launched a review application in June seeking to set aside both the tribunal and JSC decisions, arguing procedural unfairness, irrationality, and errors of law. The interim interdict freezes the parliamentary process while that challenge proceeds. He remains the first senior South African judge to face potential impeachment over allegations of sexual misconduct.