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Mbenenge asks court to halt JSC gross misconduct finding

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Des Erasmus

Eastern Cape Judge President Selby Mbenenge has filed an urgent court application to stop the Judicial Service Commission (JSC) from advancing a gross misconduct finding that could trigger impeachment proceedings against him.

In papers filed in the Gauteng High Court in Pretoria, Mbenenge is seeking an interim interdict restraining the JSC from referring its finding to the Speaker of the National Assembly and stopping President Cyril Ramaphosa from acting on any suspension process, pending a review.

The matter stems from a sexual harassment complaint filed in 2023 by Andiswa Mengo, a secretary to a judge in the Makhanda High Court, who alleged that Mbenenge sexually harassed her between about June 2021 and November 2022. 

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After substantial hearings, which included airing of the text messages between the judge and the secretary, the Judicial Conduct Tribunal

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