By Lehlohonolo Lehana.
Suspended Gauteng High Court Judge Tshifhiwa Maumela will appear before a Judicial Conduct Tribunal in March.
The Tribunal led by retired Justice of the Constitutional Court, Chris Jafta, will probe a complaint lodged by Gauteng Judge President Dunstan Mlambo against Judge Maumela.
Maumela was suspended in June last year while presiding over the high-profile Senzo Meyiwa murder trial.
President Cyril Ramaphosa issued suspension letters to Maumela and Nomonde Mngqibisa-Thusi for failure to deliver several reserved judgments within a reasonable time.
In a statement, the commission said at meetings in January and April this year, it had considered reports of the Judicial Conduct Committee relating to the two judges and their failure to deliver reserved judgments.
“The JSC decided that the failure to deliver the reserved judgments, if established, will prima facie indicate incapacity, gross incompetence or gross misconduct on the part of the Judges, taking into account the extent of the delay and the prejudice suffered by the parties.
“The JSC has decided to request, in terms of the Judicial Service Commission Act, that the Chief Justice appoint a Judicial Conduct Tribunal to consider the complaints and will, in terms of section 19(4) of the JSC Act, advise the President of its decision.”
The commission said due to the seriousness of the complaints, the JSC had decided to advise the President that it was desirable that the two judges be placed on suspension, with certain conditions, including that they must during the period of suspension, finalise all matters present before them.
A Judicial Conduct Tribunal is set up to investigate the most serious allegations of misconduct against a judge including gross judicial misconduct.
Judges Matter’s Research and Advocacy officer, Mbekezeli Benjamin said if Maumela is found guilty, potential consequences include impeachment and removal from office.