JOHANNESBURG - Eastern Cape Judge President Selby Mbenenge has filed an urgent interdict challenging the findings of the Judicial Service Commission (JSC) which found him guilty of gross misconduct.
He has filed a review application and an urgent interdict against the JSC in the Gauteng High Court in Pretoria. This will prevent the Commission from asking Parliament and the Speaker to initiate an impeachment process against Mbenenge.
Mbenenge is accused of making unwanted sexual advances towards junior employee, Andiswa Mengo between 2021 and 2022.
He stands to lose his judicial title and salary benefits if impeached. He argues the JSC's finding is fundamentally flawed.
In January, the Judicial Conduct Tribunal, which investigated the sexual harassment complainant, 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.
He is now 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.