SUSPENDED Judge Nomonde Mngqibisa-Thusi will be in the hot seat on Friday, 1 December.
This after the Office of Chief Justice announced on Wednesday, 29 November, that the Judicial Conduct Tribunal was ready to hear a complaint against her.
“Kindly note that the Judicial Conduct Tribunal (Tribunal) comprising of retired Justice (Chris) Jafta, a retired Constitutional Court Justice, designated in terms of section 22(1)(a)(b) of the Judicial Service Commission Act, 1994 as the Tribunal President, and retired Judge (David) Davis, retired Judge President of the Competition Appeal Court and retired Judge of the Western Cape Division of the High Court and Advocate (Nasreen) Rajab-Budlender SC, a non-judicial member of the Tribunal will convene with hearing of the complaint lodged by the Honourable Judge President (Dustan) Mlambo against Judge N Mngqibisa-Thusi,” read the statement.
The statement did not mention what would happen to the former presiding judge in the Senzo Meyiwa case, Tshifhiwa Maumela, suspended with Mngqibisa-Thusi.
In April, the Judicial Service Commission (JSC) advised President Cyril Ramaphosa to place them on suspension pending the outcome of the tribunal.
Mlambo’s complaint against the two judges related to failure to deliver numerous reserved judgments.
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JSC spokeswoman Advocate Sesi Baloyi said, at the time, that the JSC decided that the failure to deliver the reserved judgments, if established, would indicate incapacity, gross incompetence, or gross misconduct on the part of the judges, considering the extent of the delay and the prejudice suffered by the parties.
“The JSC has decided to request, in terms of Section 19 of the Judicial Service Commission Act, 1994 (JSC Act), that the chief justice appoints a Judicial Conduct Tribunal (tribunal) to consider the complaints and will, in terms of Section 19(4) of the JSC Act, advise the president of its decision.
“Due to the seriousness of the complaints, the JSC has also decided to advise the president that it is desirable that Judges Maumela and Mngqibisa-Thusi be placed on suspension pending the outcome of the tribunal processes with certain conditions, including that the judges must, during the period of suspension, finalise all matters that are presently before them,” she said.
Following JSC recommendations, Ramaphosa placed Maumela and Mngqibisa-Thusi on suspension to allow the Tribunal to investigate suspected misconduct regarding alleged excessive delays by the judges in handing down a significant number of judgments.