The Judicial Service Commission (JSC) has overturned the decision by the Judicial Conduct Tribunal into the complaint of Andiswa Mengo against Eastern Cape Judge President Selby Mbenenge.
This follows a meeting held last month whereby the JSC, excluding the members designated by the National Assembly and the National Council of Provinces, held a meeting in terms of section 20(1) of the Judicial Service Commission Act 9 of 1994 (JSC Act), to consider the report of the Judicial Conduct Tribunal into Mengo’s complaint.
This as the Tribunal had earlier found Judge President Mbenenge not guilty of misconduct not amounting to gross misconduct and not guilty of gross misconduct, gross incompetence and/or gross incapacity under section 177 of the Constitution.
Section 177 of the Constitution deals with the removal of a judge.
“At the invitation of the Commission, the parties made written representations which the meeting considered together with the report of the Tribunal.
“After consideration of the report of the Tribunal and representations of the parties made in terms of section 20(2) of the JSC Act, the Commission did not accept the findings of the Tribunal that Judge President Mbenenge is guilty of misconduct not amounting to gross misconduct. The Commission found that on the common cause facts, the conduct of Judge President Mbenenge constitutes gross misconduct in terms of section 177(1)(a) of the Constitution,” said the Commission.
Section 177(a) of the Constitution states that a judge may be removed from office only if the Judicial Service Commission finds that the judge suffers from an incapacity, is grossly incompetent or is guilty of gross misconduct; and (b) the National Assembly calls for that judge to be removed by a resolution adopted with a supporting vote of at least two thirds of its members.
In a statement on Thursday, the JSC said it will submit to the Speaker of the National Assembly its finding, together with reasons and a copy of the report in accordance with section 20(4) of the JSC Act.
“The Commission has invited the parties to make written submissions whether, pending the process in terms of section 177(1) of the Constitution, the Commission should advise the President in terms of section 177(3) to suspend Judge President Mbenenge pending the process in section 177(1),” said the JSC.
The report can be accessed here: JSC Report Mengo v Mbenenge JP matter - April 2026. - SAnews.gov.za
