The Judicial Service Commission (JSC) has requested that the Chief Justice appoint a Judicial Conduct Tribunal (JCT) in terms of s 19 of the Judicial Service Commission Act 9 of 1994 to investigate a report by the Judicial Conduct Committee relating to complaints against Judges Tshifhiwa Maumela and Nomonde Mngqibisa-Thusi of the Gauteng Division of the High Court. The JCT will investigate allegations relating to the judge’s failure to deliver numerous reserved judgments.
The JSC decided that failure to deliver the reserved judgments, if established, would prima facie indicate incapacity, gross incompetence, or gross misconduct on the part of the judges, as well as considering the extent of the delay and prejudice suffered by the parties.
The JSC pointed out that due to the seriousness of the complaints, it will advise the president that it is desirable that the two judges be placed on suspension pending the outcome of the Tribunal process with certain conditions, including that the judges must, during the period of suspension, finalise all matters that are presently before them.
Kgomotso Ramotsho Cert Journ (Boston) Cert Photography (Vega) is the news reporter at De Rebus.
