Judicial Conduct Tribunal to decide fate of three Gauteng judges
Three Gauteng High Court judges - all suspended - are awaiting their fate this year after the Judicial Conduct Tribunal has concluded its findings in two of the matters and is still to resume with the third.
Judge Nomonde Mngqibisa-Thusi was given a lifeline when she was found not guilty of gross misconduct for failing to deliver 27 judgments on time.
The Judicial Conduct Tribunal, however, did find her guilty of misconduct and being grossly negligent in breach of the Code of Judicial Conduct.
While she will not be removed from office as she is not guilty of gross misconduct, the tribunal did recommend that the Judicial Service Commission subject her to remedial steps. The JSC is expected to deal with it this year.
The allegations against her arose from a complaint lodged by Judge President Dunstan Mlambo. This resulted in the tribunal investigating her fitness to hold office.
Judge Mngqibisa-Thusi was appointed to the high court in Pretoria in 2009 and at that stage she was one of the senior judges in that division.
During 2017 to 2022, she accumulated a long list of reserved judgments. Many attorneys addressed queries to her office as to when the judgments were due to be delivered, but most of the queries were not answered.
In its report, the tribunal, headed by Justice Chris Jafta, said that the Code of Judicial Conduct stipulates that a judge must deliver all reserved judgments before the end of the term in which the hearing of the matter was completed.
However, he said, it does not follow as a matter of course that a failure to do so by Judge Mngqibisa-Thusi constitutes misconduct. In taking into account her health and other problems, Justice Jafta said there is nothing to suggest that the violation was wilful.
But, he stated that during the entire time the judgments were outstanding, Judge Mngqibisa-Thusi did not approach Judge President Dunstan Mlambo to explain the situation. Her behaviour was exacerbated, Justice Jafta said, by her failure to respond to the attorney who inquired about the outstanding judgments.
He said the litigants were seriously prejudiced by the outstanding judgments and this could have been avoided if she reported her challenges to the judge president.
Justice Jafta said under the circumstances the tribunal is not convinced that she is guilty of gross misconduct, which would have warranted her removal from office. Instead, she is guilty of gross negligence.
He concluded that this matter will be forwarded to the commission so that it can proceed on how to deal with this in terms of the Commission Act.
Judge Tintswalo Nana Makhubele is, meanwhile, awaiting the outcome of her tribunal hearing on whether she is guilty of gross misconduct.
The complaint against her is that she was chairing the interim Prasa board while she was appointed as a judge.
This followed complaints against the judge, including a complaint by civil society organisation #UniteBehind, into allegations of gross misconduct.
It claimed Judge Makhubele violated the separation of powers principle by serving both as a judge and chairperson of a state-owned entity, Prasa, and that she was at the time involved in litigation between Siyaya Rail Solutions and Prasa.
Judge Makhubele maintained from the start that she did nothing wrong. She said she clearly stated to Judge President Dunstan Mlambo that she first wanted to conclude her business with Prasa before she could serve as a judge. Thus, she made it clear she could not start her duties alongside the other new judges on January 1, 2018, she said.
According to her, she received an extension from President Cyril Ramaphosa as to her appointment date, so that she could wrap up her Prasa duties.
But Judge Mlambo, the first witness who was called, maintained on his part that she remained mum all along about her appointment at Prasa when she accepted her duties as a judge.
The tribunal will now have to decide whose evidence to accept: that of Judge Makhubele or her judge president. If found guilty of gross misconduct, she could face impeachment.
The tribunal’s probing of charges of gross misconduct and gross incompetence levelled against Judge Tshifhiwa Maumela was, meanwhile, cut short last year after the judge had fallen ill and had been hospitalised.
Maumela was initially the presiding judge over the Senzo Meyiwa murder trial but he was replaced following the probe by the tribunal.
Maumela is accused of not meeting the target when handing down reserved judgments within three to six months in 52 matters since 2013.
His hearing is also expected to continue this year.
zelda.venter@inl.co.za