COURT STOPS MBENENGE IMPEACHMENT: EC JUDGE PRESIDENT WINS FIGHT TO HALT JSC REMOVAL BID

EC Judge President Selby Mbenenge at a JSC sitting. He has won a court bid to halt his impeachment process until his review application is heard.

By Mpho Dube, Editor-in-Chief

The Azanian | Truth. Fearless. Unfiltered.  

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JOHANNESBURG— Eastern Cape Judge President Selby Mbenenge has successfully halted his impeachment — for now.

The High Court has granted an urgent interdict stopping Parliament from proceeding with his removal, pending the outcome of Mbenenge’s review application against the Judicial Service Commission (JSC).

The ruling throws a lifeline to the senior judge who has been at the centre of a drawn-out sexual harassment dispute.

Mbenenge faced allegations of sexually harassing his secretary, Andiswa Mengo.

The Judicial Conduct Tribunal (JCT) investigated and cleared him, finding no gross misconduct. 

But the JSC overturned that finding. It recommended to Parliament that Mbenenge be impeached, a decision that would have ended his judicial career and jeopardised his lifetime benefits.

The JSC also advised President Cyril Ramaphosa to suspend him while the process unfolded.

Mbenenge then took the JSC’s recommendation on review, arguing it was irrational and unfair.

With the interdict granted on 31 July, the impeachment process is frozen until the review application is finalised.

That means Parliament cannot vote on his removal, and the JSC cannot act further until the court rules.

Legal observers say the case raises serious questions about the powers of the JSC versus the JCT, and about judicial independence and due process.

For now, Mbenenge remains Eastern Cape Judge President, but under significant scrutiny.

The court is expected to set down dates for the review in the coming weeks.

The battle for the bench continues — but the gavel on his removal has been paused.