By Lehlohonolo Lehana.
President Cyril Ramaphosa has issued suspension letters against Judges Tshifhiwa Maumela and Nomonde Mngqibisa-Thusi, to allow an investigation into their alleged misconduct by the Judicial Conduct Tribunal..
In a statement, the Presidency said the investigation will centre on the two judges’ alleged “excessive delays… in handing down a significant number of judgments”.
This follows the recommendation of the Juducial Service Commission (JSC) in April for the two to be suspended, due to failure to deliver judgments timeously.
In terms of judicial norms and standards, which were gazetted in 2014, judgments in both civil and criminal matters should generally not be reserved without a fixed date for handown down. Saving for exceptional cases where it is not possible to do so, every effort must be made to hand down judgments no later than three months after the last hearing.
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 complaint against the two judges were lodged by Judge President, Dunstan Mlambo in 2020.
According to the complaint laid by Mlambo, Mngqibisa-Thusi had failed to hand down several judgments within the period set for the reservation of judgments.
A total of 20 judgments were outstanding at the time. These judgments were delayed by between six and 27 months.
By the time the complaint was heard on 12 June 2021, six more delayed judgments, with an average age of nine months delay, had been brought to the attention of the judge president.
Mngqibisa-Thusi’s reasons for the delays were also a result of family responsibilities and health challenges she faced.
Maumela meanwhile had not delivered judgments in three cases, dating back to 8 August 2018, 16 August 2018 and 17 September 2018.
In his written representations to the JCC, Maumela said he had since handed down these judgments.
There were a further nine matters, but judgment has since been handed down, but only after an unreasonable period.
These matters saw judgments being handed down between seven and 22 months after the cases were heard and judgments were reserved by Maumela.
Mlambo added that he had previously referred a similar complaint to the JSC in relation to Judge Maumela’s outstanding judgments and that the complaint remains outstanding.
Maumela is said to have admitted that the judgments were unduly delayed, explaining that the delays were caused by challenges he experienced with his health and family responsibilities.
In both cases, there was a split in recommendations by the JCC.
Two members recommended that Maumela and Mngqibisa-Thusi be referred to a more open-minded Section 17 inquiry and not to a tribunal process that determines impeachable conduct.