- The Judicial Conduct Tribunal is hearing the complaint against Johannesburg Judge Nomonde Mngukibisa Tusi.
- The judges were unable to issue judgments in 21 cases in time.
- Retired Judge Chris Jafta will preside over the court.
- On Monday, he directed the public to leave the hearing and said it would be held in front of cameras.
- Justice Jafta said this was the court's default position.
- Judge Mngkibisa-Tusi's legal team was concerned that holding the hearing in public would undermine the testimony of defense witnesses who were expected to discuss the judge's personal matters.
A Judicial Conduct Tribunal investigation into the possible impeachment of suspended Gauteng High Court judge Nomonde Mgukibisa Tusi for failing to hand down 21 judgments on time is currently being conducted behind closed doors.
The court is chaired by former Constitutional Court judge Chris Jafta. On Monday, he directed members of the media and the public to leave the hearing. It is held in Johannesburg.
The live feed of the proceedings, which was broadcast on the official RSA Judiciary Youtube channel and promoted on the official X (formerly Twitter) account, has also been shut down.
Jafta said the default position of the Judicial Commission Act is that all court hearings must be conducted in camera. If anyone other than a member of the court, the judge accused of misconduct, a legal representative, or the secretariat wishes to attend, a formal application must be made.
He will then consider the application in consultation with the Chief Justice “in the interest of transparency and the public interest.”
“We would like to remind media members that if they wish to report or access documents, they will need to make a special application to avoid being on the wrong side of the law. “It's an act,” he said.
At the start of proceedings on Monday, Judge Gushina Malindi, a member of Judge Mgukibisa-Tusi's legal team, called for the entire proceedings to be held in camera, or instead for three witnesses to testify behind closed doors. Ta.
Among them was Judge Mngukibisa-Tusi, a clinical psychologist and spirituality expert.
“The spiritual aspect touches on an aspect of initiation that makes the witnesses uncomfortable, and as the case progresses we will be giving evidence about the stigma attached to that aspect of her life. “Testifying in public would certainly impair her ability to interact freely with the panel,” he submitted.
At this point, Justice Jafta noted that there was no need for Justice Mngqibisa-Thusi to make such an application because of the “default” position of the Act.
“Until I received the notice (from Justice Malindi), I thought the default position was that hearings would be held in public. That was the position before the law changed with the introduction of the Court and the Judicial Conduct Commission. ,” Judge Jafta said.
Mbekezeli Benjamin, head of research and advocacy at Judge Matter, said the blanket ban was a “surprise”.
“Section 29 of the JSC Act gives the president of the court the discretion to allow public access and media coverage of court hearings, but the practice in recent years has been that all court hearings are not open to the public. Office of the Chief Justice of the Supreme Court.”
He said his need for privacy was understandable as some of the evidence in Justice Mngqibisa-Thusi's court was sensitive.
“However, this must be balanced against the broader public interest and the need for transparency. After all, the tribunal was set up to investigate her failure to deliver a sentence on time. “The public definitely needs to understand that,” he said.
Judge Matter will write to the court requesting access to the hearing.
When the court met in December, there were indications that Judge Mngukibusa-Tusi would rely on medical and psychological experts to explain why he had failed to properly carry out his duties.
The hearing was adjourned so that she could obtain the necessary report.
The charges were filed against her by Gauteng Chief Justice Dunstan Mlambo, and discovery was due to begin on Monday morning.
Justice Mngqibisa-Thusi does not plan to challenge the “stated facts” of not delivering a sentence in time. However, she is expected to explain that this was due to personal issues she was having at the time.
The court will need to determine whether she suffers from incompetence, is grossly incompetent, or has committed gross misconduct. The event will be held until February 2nd.
Recently, the hearings of Judge Nana Makhubele of the Pretoria High Court have been made public. As Nana Makhubele was both a judge and the chairperson of PRASA, he is accused of gross misconduct for violating the principle of separation of powers. The growth of corruption and state capture.”