Africa-Press – South-Africa. Limpopo High Court Judge President Ephraim Makgoba, accused of conduct unbefitting after he said there were some “known crazy, irresponsible and radical organisations”, has been ordered to apologise to the legal fraternity.
In a recent ruling, the Judicial Conduct Committee (JCC) said Makgoba had offered an “exaggerated response” to a question about whether or not someone had tested positive for Covid-19 at the court.
“The words used by the Judge President and addressed to the legal fraternity within the jurisdiction of the Limpopo High Court are unfortunate and are intemperate,” the JCC said in its ruling.
According to the ruling, in August 2020, the Amalgamated Lawyers Association (ALA) wrote a letter to Makgoba to enquire whether a staff member had tested positive.
Makgoba then issued a directive to the legal fraternity in Limpopo, saying: “There are some known crazy, irresponsible and radical organisations or institutions in our province who seem to rejoice on the situation and have turned this unfortunate situation of Covid-19 into their play game.
“They continuously write letters to the Judge President threatening to take the Judge President to court and also ‘expose’ him to the media for keeping the Limpopo High Court open to the public and staff members.”
The judge went on to say that “it is ironic that they want the same court to be closed, but at the same time want to take the Judge President to the very same ‘closed’ court”.
He continued:
Advocate Shadrack Tebeile, of the Tebeila Institute, lodged a complaint with the JCC, accusing the judge of improper conduct.
He said the words “crazy” and “in our province” were directed at him and organisations such as the ALA.
He said the notice did not enhance public trust in the judiciary.
He added that it showed the judge president had already formed a negative view against organisations in the province.
The judge president, however, denied that his response was directed at Tebeile.
ALSO READ | Shot or s**t? Judge President Ephraim Makgoba wants SCA to ‘correct’ its judgment that he swore in court
He said there were two members of his staff who had contracted Covid-19, and he had closed the court for a day to ensure everyone’s safety.
He also said the notice was issued “in good faith” as the court’s leader, adding that the communication was not in response to the complainant’s letter.
He said it was “coincidental that the court was closed on 5 August 2020”.
According to the ruling, Makgoba “admonishes and warns that the Tebeila Institute will be well advised to desist from meddling in the affairs of the ‘Judiciary administration’ (sic) and not to use the Covid pandemic as a game in order to challenge the authority of the Heads of Court. He emphasises no names were mentioned in his directive”.
The JSC said:
The committee said consideration must also be given to the fact that these words emanate from a judge president of the division.
“The words ‘crazy, irresponsible and radical organisations’, in response to an innocent question regarding whether or not someone tested positive for Covid-19, elicited an exaggerated response.
“The question, on its face, was asked in the interests of transparency, and what is more, the question was directed to the appropriate person in the division, being the Judge President. The question was asked within the context of avoiding a massive outbreak of Covid. The response is stinging and sarcastic to all organisations in the area.
“The Judge President has accordingly breached Article 5 of the Code of Conduct, as he failed to observe standards befitting of a Judge. It was an inappropriate and excessive reaction to the question.”
For More News And Analysis About South-Africa Follow Africa-Press
