Judge President Selby Mbenenge alleges that South Africa’s Judicial Service Commission (JSC) reached a gross-misconduct finding before drafting reasons to justify it. According to his supplementary affidavit, the sequence of the JSC’s decision-making is flawed, and the allegations relate to a process now under judicial review.
The claim is part of a pending High Court application seeking to review the JSC’s decision. It has not yet been tested in court, and the precise merits of the challenge remain to be determined. The affidavit specifically frames the issue as one of procedure—contending that conclusions were formed first, with the supporting reasons later constructed—rather than reflecting a deliberative rationale made during the process.
