{"id":258703,"date":"2023-04-30T13:33:44","date_gmt":"2023-04-30T11:33:44","guid":{"rendered":"https:\/\/www.groundup.org.za\/article\/jsc-split-over-suspension-two-judges\/"},"modified":"2023-04-30T13:33:44","modified_gmt":"2023-04-30T11:33:44","slug":"jsc-split-over-suspension-of-two-judges","status":"publish","type":"post","link":"https:\/\/www.myza.co.za\/press\/jsc-split-over-suspension-of-two-judges\/","title":{"rendered":"JSC split over suspension of two judges"},"content":{"rendered":"
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This week the JSC recommended that two judges be suspended for late judgments. But were it not for the deciding vote of Chief Justice Raymond Zondo, the judges would have got away with their behaviour without any sanction. Archive photo: Ashraf Hendricks<\/p>\n

This week the Judicial<\/a> Service Commission recommended<\/a> to President Ramaphosa that he suspend two judges, Judge Tshifhiwa Maumela and Judge Nomonde Mngqibisa-Thusi, immediately pending the outcome of a Judicial Conduct Tribunal hearing. The judges failed to deliver their judgments timeously.<\/p>\n

Both complaints were laid by Judge President Dunstan Mlambo, the head of their court: the Gauteng (Pretoria and Johannesburg) division.<\/p>\n

But not all those who sat on the JSC committee recommended suspension.<\/p>\n

Four judges sat on the committee. Two said they should be suspended, one being Chief Justice Raymond Zondo who used his \u201ccasting vote\u201d. Judge Nambitha Dambuza was in agreement with him.<\/p>\n

But two others, Judge Phineas Mojapelo and Judge Margaret Victor thought they were being too harsh.<\/p>\n

The issue of long outstanding judgments<\/a> had long been a thorn in the side of the judiciary.<\/p>\n

GroundUp reported this week<\/a> that the South African judiciary has failed to provide any updated reports on late judgments since December 2021.<\/p>\n

The last available list on the Judiciary\u2019s website is for 31 December 2021. At that time, nationally, there were 156 court judgments outstanding for six months or more, and 830 judgments outstanding in total. We noted that without an updated report, it is impossible to determine whether these numbers have improved or worsened.<\/p>\n

The JSC decided this week to support Judge President Dunstan Mlambo when he complained about the two judges who had dozens of outstanding judgments – way beyond the time limits prescribed by the judicial norms and standards that judgments, save for exceptional cases, must be handed down within three months.<\/p>\n

The complaint against Judge Maumela, who also happens to be the presiding judge in the ongoing criminal trial of those accused of the murder of soccer star Senzo Myiwena, involved 12 judgments which had been outstanding from 24 to 26 months.<\/p>\n

All were delivered subsequent to the lodging of Mlambo\u2019s complaint.<\/p>\n

In consideration of the complaint, Judge Dambuza (with Chief Justice Zondo concurring), described all the judgments and dealt with Judge Maumela\u2019s response which included details of ill-health he suffered during that time, personal issues and an apology \u201cto all those affected by his inability to work\u201d.<\/p>\n

The judges, in the majority, said it was not within the powers of the committee to grant pardon to him, but to determine the forum which should do that.<\/p>\n

\u201cIt is troubling that this is not the first time the Judge President has complained about the judge. In the earlier complaints, the judgments were reserved starting from as far back as 2010. This gives the impression that the problem may be recurrent. The potential harm to litigants if the complaint were to be established is quite serious. The matter requires more thorough investigation with more input from the Judge President,\u201d the judges said.<\/p>\n

They agreed that the complaint should be investigated by a tribunal to determine if Judge Maumela is guilty of gross misconduct, gross incompetence or suffers from incapacity.<\/p>\n

In the meantime, they recommended to President Ramaphosa that he should be suspended, but must deal with all current matters before him.<\/p>\n

But Judges Mojapelo and Victor said while the complaint painted a picture of judicial misconduct, Judge Maumela\u2019s response painted a picture of a judge struggling over a long time with health problems.<\/p>\n

A more open-minded approach was needed, they said. Without this, the mental health of judges would not be recognised and factored into their workplace environment, even though society recognised mental health as a key factor in the workplace.<\/p>\n

They made a similar recommendation in respect to Judge Mngqibisa-Thusi, who also raised personal health and family issues as a reason for her not handing down 20 judgments within the prescribed time period.<\/p>\n

Again, the dissenting judges said the excuses the judge had proffered were societal in nature \u201cand may manifest in other spheres of government and in society in general\u201d.<\/p>\n

\u201cThe judiciary should not isolate itself from societal problems as it is part of society.\u201d<\/p>\n

Referring to Mngqibisa-Thusi\u2019s belief in African spirituality, the dissenting judges said this was not a problem but a \u201cnew challenge\u201d.<\/p>\n

\u201cThe novelty should not be a reason for rejection because rejection may be a demonstration of bias towards what is inherently African in an African society. It is important that we accept and adopt a sensitive approach to African spirituality \u2026 it should be recognised for its therapeutic richness.\u201d<\/p>\n

The dissenting judges said the well-being of judges was important, their role was played out in a highly adversarial environment with heavy workloads, intense emotional investment, long working hours and an inroad into family time.<\/p>\n

They said there were different remedies to deal with the issues including a (pretribunal) section 17 inquiry – one that does not carry the threat of impeachment – and which was more \u201copen-minded and would recognise the mental health of judges in the workplace\u201d.<\/p>\n<\/p><\/div>\n

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\u00a9 2023 GroundUp. This article is licensed under a Creative Commons Attribution-NoDerivatives 4.0 International License<\/a>.<\/p>\n

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Source: GroundUp<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

This week the JSC recommended that two judges be suspended for late judgments. But were it not for the deciding vote of Chief Justice Raymond Zondo, the judges would have got away with their behaviour without any sanction. Archive photo: Ashraf Hendricks This week the Judicial Service Commission recommended to President Ramaphosa that he suspend […]<\/p>\n","protected":false},"author":1,"featured_media":258704,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_genesis_hide_title":false,"_genesis_hide_breadcrumbs":false,"_genesis_hide_singular_image":false,"_genesis_hide_footer_widgets":false,"_genesis_custom_body_class":"","_genesis_custom_post_class":"","_genesis_layout":"","ngg_post_thumbnail":0,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":true,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2}},"categories":[9928],"tags":[28001],"class_list":{"0":"post-258703","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-groundup","8":"tag-groundup","9":"entry"},"jetpack_publicize_connections":[],"jetpack_featured_media_url":"https:\/\/www.myza.co.za\/press\/wp-content\/uploads\/2023\/04\/jsc-split-over-suspension-of-two-judges.jpg","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/www.myza.co.za\/press\/wp-json\/wp\/v2\/posts\/258703","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.myza.co.za\/press\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.myza.co.za\/press\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.myza.co.za\/press\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.myza.co.za\/press\/wp-json\/wp\/v2\/comments?post=258703"}],"version-history":[{"count":0,"href":"https:\/\/www.myza.co.za\/press\/wp-json\/wp\/v2\/posts\/258703\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.myza.co.za\/press\/wp-json\/wp\/v2\/media\/258704"}],"wp:attachment":[{"href":"https:\/\/www.myza.co.za\/press\/wp-json\/wp\/v2\/media?parent=258703"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.myza.co.za\/press\/wp-json\/wp\/v2\/categories?post=258703"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.myza.co.za\/press\/wp-json\/wp\/v2\/tags?post=258703"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}