The situation regarding Eastern Cape Judge President Selby Mbenenge has taken a significant turn, as the Gauteng High Court in Pretoria has put a temporary stop to the parliamentary actions that could potentially lead to his impeachment.
On Friday, 31 July 2026, the court issued an interim order prohibiting Parliament and the National Assembly from taking steps based on the Judicial Service Commission’s findings of gross misconduct until Mbenenge’s application for review is considered.
This ruling introduces a crucial pause in one of South Africa’s most scrutinized judicial issues, providing the senior judge a chance to contest the decisions that have threatened his career and standing.
The core of this legal dispute involves allegations of sexual harassment from judges’ secretary Andiswa Mengo. She claims that from June 2021 to November 2022, Mbenenge sent her a series of unsolicited WhatsApp messages with sexually explicit content and made unwelcome advances during in-person meetings.
Mbenenge has firmly denied any inappropriate behavior, asserting that their interactions were consensual.
The issue has navigated a complicated legal landscape.
Initially, a Judicial Conduct Tribunal determined that Mbenenge engaged in a lesser form of misconduct, identifying what it referred to as a flirtatious workplace relationship. Although the tribunal criticized his behavior, it concluded that it did not constitute gross misconduct, thus not warranting his removal.
However, this perspective shifted dramatically in April 2026.
The Judicial Service Commission dismissed the tribunal’s findings and determined that Mbenenge’s actions amounted to gross misconduct as defined by Section 177 of the Constitution. This finding gave rise to potential impeachment procedures and, in July, led the commission to advise President Cyril Ramaphosa to suspend the judge pending the investigation.
Confronted with the possibility of being the first senior South African judge dismissed over sexual misconduct claims, Mbenenge sought judicial relief.
In June, he filed a review application aiming to overturn both the tribunal’s conclusions and the Judicial Service Commission’s determination. His legal team argues that the procedures were unfair, legally unsound, and that significant legal errors impacted the outcome.
The interim interdict issued on Friday effectively halts the parliamentary process while the court evaluates these arguments.
While this ruling does not resolve Mbenenge’s guilt or innocence regarding the allegations, it prohibits legislators from proceeding with impeachment until the review is resolved.
This decision is poised to have significant consequences not just for Mbenenge’s future but also for the interpretation and implementation of judicial disciplinary processes in South Africa.
With the review expected to become a focal point, South Africa faces a potential landmark legal challenge about judicial accountability, constitutional processes, and judicial independence in recent history.
