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STANLEY GUMEDE
Durban – A disciplinary hearing that has dragged on for nine years against Pinetown chief magistrate Stanley Gumede will be carried out as speedily as possible, apparently because he is being mooted as the new head of the National Prosecuting Authority (NPA).
Magistrate’s Commission spokesman Danie Schoeman denied there was a link between the NPA appointment and Gumede’s hearing but said the hearing would not be delayed.
“The date will depend on circumstances. We have to complete a process of appointing a presiding officer and it also depends on Gumede’s readiness, as he may want to have legal representation,” said Schoeman.
Gumede is being investigated by the commission after complaints by prosecutors that he was unfairly tough on them.
Schoeman confirmed on Sunday that the commission had finally charged Gumede with misconduct after an investigation had produced prima facie evidence against him.
Durban attorney Comfort Ngidi, who is supporting Gumede’s appointment to the NPA, has written a letter to the commission complaining that its investigation is unfair because it has dragged on for years.
Ngidi said he suspected the charges had resurfaced because of Gumede’s possible NPA appointment.
“He should have been charged with misconduct as soon as his employer became aware of the complaints. The charges get raised whenever he is considered for a prominent position,” said Ngidi.
For example, the allegations were raised in 2009 when Hamilton Cele resigned as the president of the regional court to become president of the labour court and Gumede was considered to replace him.
“When an acting president of the regional court was appointed, the charges died down.
“Again, when Cele’s position was advertised, the allegations against Gumede were raised again but died down when the position was given to (Eric) Nzimande,” he said.
However, Ngidi said he hoped that Gumede would have a fair hearing. “I hope that those who preside over the hearing won’t be prejudiced by Gumede being considered for the NPA post,” he said.
Schoeman said the investigation and charges had no bearing on the appointment of the NPA head.
“The commission has to investigate the complaints, which were brought before it some years ago.
“This was before the issue of appointing him as NPA head came to light,” he said.
The NPA is led by acting head Nomvula Mokhatla and has been without a permanent leader since 2011 when the Supreme Court of Appeal ruled that advocate Menzi Simelane was unsuitable for the position.
This ruling was later upheld by the Constitutional Court.
On Sunday repeated attempts by The Mercury to reach Gumede were unsuccessful.
The Mercury
