The Judge Nomonde Mngqibisa-Thusi has been ordered to apologise to Gauteng Judge President, Dunstan Mlambo, for failing to deliver judgments on time. File image
Judge Nomonde Mngqibisa-Thusi has been ordered to apologise to Gauteng Judge President, Dunstan Mlambo, for failing to deliver judgments on time.
Mlambo laid a complaint over Mngqibisa-Thusi's delay in delivering judgments.
She was placed on suspension in June last year, after she failed to deliver at least 27 outstanding judgments.
In January, the Judicial Services Commission requested that the Chief Justice appoint a tribunal to investigate allegations of incapacity, gross incompetence and gross misconduct.
The tribunal concluded its investigation and reported that the allegations of the failure by Judge Mngqibisa-Thusi to render judgments timeously are established as a matter of fact and that although she was ill and had spiritual challenges, these lasted for limited periods.
The Tribunal concluded she was in breach of the Code of Judicial Conduct.
The tribunal found that Mngqibisa-Thusi failure to deliver judgments on time breached the Code of Judicial Conduct and that she took no steps to avoid the delays.
The tribunal further found that although she was ill, these lasted for limited periods and she could have asked Mlambo for time to write the judgments but failed to do so.
The tribunal also found that Mngqibisa-Thusi but did not take adequate steps to ensure that the judgments were delivered when she realised that she was unable to render the judgments, instead, she picked up new reserved judgments.
"Numerous enquiries were sent by attorneys concerning the reserved judgments, but she did not change course. She did not have a proper explanation for not engaging with the Judge President," the JSC ruled.
The JSC ruled that Mngqibisa-Thusi is guilty of misconduct but not gross misconduct.
She has been ordered to write a letter of apology to the Judge President of the Division and to all of the affected attorneys within two weeks
The Judge President of the Division should also formally reprimand Mngqibisi-Thusi and she must receive a written warning.
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