“The higher the office, the stricter the standard” – Legal expert

Legal expert, Leo Maphosa, says the Judicial Service Commission’s (JSC) finding that Eastern Cape Judge President, Selby Mbenenge’s, conduct amounts to gross misconduct could mark a significant shift in how the judiciary enforces discipline. 

Maphosa says the ruling is notable because it overturns an earlier finding by the Judicial Conduct Tribunal, which had concluded that Mbenenge’s actions constituted misconduct, but not gross misconduct. 

This comes as Mbenenge faces the possibility of suspension and impeachment.

In a statement released on Thursday, the JSC said it considered the tribunal’s report into a sexual harassment complaint lodged in 2023, by High Court secretary, Andiswa Mengo. 

Mengo alleged that the judge made inappropriate advances via WhatsApp between 2021 and 2022.

“On the common cause facts, the conduct of Judge President Mbenenge constitutes gross misconduct in terms of section 177(1)(a),” the JSC wrote. 

16 April 2026
JUDICIAL SERVICE COMMISSION
MEDIA STATEMENT

JUDICIAL SERVICE COMMISSION’S DECISION ON THE COMPLAINT LODGED BY MS ANDISWA MENGO AGAINST JUDGE PRESIDENT SELBY MBENENGE OF THE EASTERN CAPE DIVISION OF THE HIGH COURT

The JSC Report on this matter can be found here:… pic.twitter.com/4gU7XD4C7L

— RSAJudiciary (@OCJ_RSA) April 16, 2026

Maphosa says the decision reflects a stricter interpretation of judicial ethics and accountability.

“The JSC has taken a more serious step in elevating that finding to gross misconduct, and that will tell you that this is not just about facts but about how those facts are constitutionally interpreted,” he said. “The tribunal’s thinking was likely grounded in a narrow inquiry where the conduct was improper but not sufficiently egregious to justify removal.”

The JSC will now submit its findings to the Speaker of the National Assembly, triggering a parliamentary process that could lead to impeachment.

“The national assembly must decide by 2/3 majority, and the president will weigh suspension in light of preserving public confidence because, in the end, this is bigger than one individual; this is about whether the judiciary retains its legitimacy, which it depends on to function,” said Maphosa. 

The commission has also invited submissions on whether to advise the President to suspend Mbenenge pending the outcome of the process. 

Maphosa cautioned against viewing the matter through a lens of sympathy, emphasising that judicial demands the highest standards of conduct.  

“The higher the office, the stricter the standard,” he said.

Mbenenge is not guilty of gross misconduct, finish, and Klaar what transpired at the tribunal is public knowledge, In evaluating the evidence, JP Ngoepe and team did a great job and should be commended.

— Vladimir Blax (@mahambasblax) April 16, 2026

4/..What happens next?
→ Possible parliamentary process for removal.
→ Mbenenge has been on special leave.
→ This is huge for accountability in SA’s judiciary – first major test of the new sexual harassment guidelines?
Critics say it’s overdue; supporters of the JP argue…

— Pinky Khoabane (@pinkykhoabane) April 16, 2026