JOHANNESBURG - The Judicial Service Commission (JSC) has advised President Cyril Ramaphosa to suspend disgraced Eastern Cape Judge President Selby Mbenenge.
In January, the Judicial Conduct Tribunal, which investigated the sexual harassment complaint, found Mbenenge guilty of a degree of misconduct, but not gross misconduct. It found he breached the code of judicial conduct, which states a judge must always act honourably.
However, the JSC did not accept the findings of the tribunal and on 5 March, found that Mbenenge was guilty of gross misconduct. It then recommended that Mbenenge be suspended from office.
READ | Selby Mbenenge challenges JSC gross misconduct finding
Mbenenge is accused of making unwanted sexual advances towards junior employee, Andiswa Mengo, between 2021 and 2022.
In a statement on Monday, the JSC said it decided on 7 July after considering written submissions on whether Mbenenge should be suspended pending Parliament's consideration of the matter.
"At this meeting, the JSC resolved to advise the President to suspend Judge President Mbenenge from his duties pending the decision of the National Assembly as contemplated in section 77 of the Constitution," read the statement.
Mbenenge is challenging the findings by both the Commission and the Tribunal.
Pending the determination of his review, he also wants the court to interdict the President from suspending and removing him from office.