News24.com | JSC recommends two judges who failed to deliver judgments for more than two years be suspended

Judge Tshifhiwa Maumela is one of the judges the JSC has recommended be suspended. (Photo: Supplied)

• The JSC has recommended that two Gauteng High Court judges be suspended pending the outcome of a tribunal hearing. 
• This is based on their failure to deliver several reserved judgments in time. 
• Some of the judgments were delayed by more than two years.

The Judicial Service Commission (JSC) has recommended that Judge Tshifhiwa Maumela and Judge Nomonde Mngqibisa-Thusi be suspended, and a Judicial Conduct Tribunal established to consider complaints that they failed to deliver numerous reserved judgments in the stipulated timeframes. 

In a statement on Friday, the JSC said it had met twice to consider the reports of the Judicial Conduct Committee (JCC) relating to the complaints against the two Gauteng High Court 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 parties," the statement read.

As a result, the JSC has requested that Chief Justice Raymond Zondo appoint a tribunal to consider the complaints and advise President Cyril Ramaphosa to place both judges on suspension pending the outcome of the Tribunal process.

Maumela and Mngqibisa-Thusi will, however, be allowed to finalise all matters that are presently before them.

Maumela is the judge presiding over the Senzo Meyiwa murder trial which is due to resume next week. 

Complaint against Maumela

According to the report by the JCC, the complaint against Maumela by Judge President Dunstan Mlambo on 16 October 2020 stems from several outstanding judgments dating back as far as 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 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.

Complaint against Mngqibisa-Thusi

According to the complaint laid by Mlambo on 16 October 2020, 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.

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.

The two other members, which included the chairperson with the deciding vote, recommended that the complaints against the judges be investigated by a tribunal.