Mbenenge doesn't appreciate responsibility associated with his position: JSC

The Judicial Service Commission (JSC) said it does not believe Eastern Cape High Court Judge President Selby Mbenenge appreciates the responsibility associated with his position and the power imbalance it creates in the work environment.

It’s one of the reasons it’s offered for overturning a misconduct finding against him, replacing it with one of gross misconduct for the sexual harassment of a court secretary.

The decision means he could be the fifth judge in the country’s democratic history to face impeachment.

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In a report from the JSC sitting without members of Parliament (MPs), which will be forwarded to Parliament, it said Mbenenge’s conduct is serious and constitutes an affront to the propriety of judicial office.

In coming to the decision to replace the finding of the Judicial Conduct Tribunal, which heard testimony from both sides in 2025, the JSC said it considered the impact of Mbenenge’s conduct in the workplace and on public confidence in the judiciary.

While the Tribunal concluded that the advances by the judge towards Andiswa Mengo were cumulatively welcome, the JSC said it should rather have considered whether particular incidents or exchanges, viewed individually and in their proper context, constituted unwelcome conduct of a sexual nature.

The JSC has further criticised the Tribunal for largely focusing on the conduct of the complainant without giving due consideration to the conduct of the judge and whether he appreciated that it was inappropriate and unacceptable.

The JSC said it will accept representations from the affected parties on whether it should recommend Mbenenge’s suspension to President Cyril Ramaphosa.

Parliament’s Justice Committee is currently considering impeachment against two judges, and this case is now also set to also land on their desks.

In 2024, the National Assembly impeached former Western Cape High Court Judge President John Hlophe and retired Gauteng Judge Nkola Motata.

An impeachment requires a two-thirds majority vote from MPs.