Africa-Press – South-Africa. President Cyril Ramaphosa has suspended Gauteng High Court judges Tshifhiwa Maumela and Nomonde Mngqibisa-Thusi while a Judicial Conduct Tribunal considers complaints that they failed to deliver numerous reserved judgments within stipulated timeframes.
The Judicial Service Commission (JSC) confirmed to News24 on Thursday that the president suspended the two judges following a recommendation by the commission in April.
News24 previously reported that the JSC met twice to consider the reports of the Judicial Conduct Committee (JCC) relating to complaints against the two judges.
“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 [affected] parties,” a statement by the JSC said.
As a result, the JSC requested that Chief Justice Raymond Zondo appoint a tribunal to consider the complaints and asked Ramaphosa to place both judges on suspension pending the outcome of the tribunal process.
Maumela and Mngqibisa-Thusi will be allowed to finalise all matters that are present before them. Maumela is presiding over the Senzo Meyiwa murder trial.
Complaints against Maumela and Mngqibisa-Thusi
According to the report by the JCC, the complaint against Maumela by Gauteng High Court Judge President Dunstan Mlambo on 16 October 2020 stems from several outstanding judgments dating back to 2018.
At the time of the complaint, Maumela 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 the three judgments.
There were a further nine matters, but judgment has since been handed down in each of them. Those matters saw judgments being handed down between seven and 22 months after the cases were heard, and Maumela reserved judgments.
He 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.
Meanwhile, Mngqibisa-Thusi 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 of the complaint against her. Those 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 delay of nine months, had been brought to the attention of the judge president.
Her reasons for the delays were also family responsibilities and health challenges she faced.
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