Judge wins interdict against Parliament

The Gauteng High Court (Pretoria) has interdicted Parliament from proceeding with impeachment proceedings against Eastern Cape Judge President Selby Mbenenge pending a review of the Judicial Service Commission’s (JSC) finding that he committed gross sexual harassment. In the interim order granted on Thursday, Acting Judge President Aubrey Ledwaba interdicted the Speaker of the National Assembly and the National Assembly from acting on the JSC’s 5 March decision recommending Mbenenge face impeachment. This follows an application by Mbenenge for an interdict to halt the impeachment proceedings against him. In his application, Mbenenge is demanding the full record of the proceedings that culminated in the adverse findings against him. The Sunday Tribune reports that he wants the JSC and the Judicial Conduct Tribunal (JCT) to provide transcripts, audio recordings, minutes, resolutions, attendance registers and voting records relating to the decisions taken in the matter. The requested records include documents relating to the initial complaint, the proceedings before the JCT, oral submissions made during the disciplinary process and records. According to News24, the case stems from sexually explicit WhatsApp messages exchanged between Mbenenge and court secretary Andiswa Mengo. Mengo complained of sexual harassment, with her legal team arguing that most of the sexually loaded messages were sent to her by the older, senior judge and that she sometimes went along out of fear for her job. The JCT, led by retired Judge President Bernard Ngoepe, initially cleared Mbenenge of sexual harassment, finding instead that he was guilty of the lesser charge of misconduct for initiating and conducting a flirtatious relationship with Mengo at the workplace and during working hours. The tribunal questioned Mengo’s credibility and found she had omitted messages from her complaint. However, the JSC overturned the tribunal’s decision on key points and found Mbenenge guilty of impeachable gross misconduct.