Judge Mngkibisa-Tusi is appearing in the Court of Justice for passing judgment too late.Image: Lisa Nelson
Gauteng Chief Judge Dunstan Mlambo says disciplinary proceedings, including the possible impeachment of suspended judge Nomonde Mgukibisa Tusi for failing to hand down 21 judgments on time, are “taking a toll on him”. Ta.
Mr Justice Mlambo, who filed the complaint, gave evidence at the Judicial Conduct Tribunal's inquiry, which was tasked with determining whether Mr Justice Mgukibisa-Tusi was guilty of gross misconduct, misconduct or incompetence, and said: “We hereby agree that He shouldn't be there.”
He said if she had told him she was having a problem, he would have helped her. Instead, she ignored his repeated questions about when to impose her pending sentence.
“It seems to me that this process is painful for you,” court president and former Constitutional Court judge Chris Jafta commented to Mlambo.
He answered, “Yes,” and said he had not reported other late judges to the Judiciary Commission (JSC).
“There's a judge who has been medically tested. The reason I didn't file a complaint is because when I dug deeper into his problems, I found that they were insurmountable. He's not a robot. We all have don't report [to the JSC]. I interact with people. The judge is now out of office, and the litigants are safe from him.
“However, Judge Mngqibisa-Thusi committed gross misconduct in failing to take responsibility and taking remedial action. The time has come for judges who do not pass judgment to feel the pinch. It has been going on long enough. ” he said.
At the start of Monday's hearing, Judge Jafta ordered that under the JSC Act, hearings will automatically go in camera unless the media or members of the public request a hearing.
As a result, the hearing was declared closed to the media and public, and the live stream of the proceedings on RSA Judiciary's YouTube channel was closed.
However, live streaming has since resumed following statements from two television stations. However, the evidence of Judge Mngkibisa-Tusi and that of her two witnesses, a psychologist and a psychological expert, will be heard in private on Tuesday.
Cross-examined by Justice Gsina Malindi, Justice Mngkibisa-Thusi's legal representative, Justice Mlambo said that because he is a senior judge and presides over criminal trials more often than civil trials, he has a lower workload than his junior colleagues. He claimed that the quantity was light. .
But he said he was in no position to refute what experts said about her “condition.”
“I don't dispute that she was suffering. But what I want to say as the Chief Justice of the Court is that if you find yourself in a situation that interferes with the performance of your duties, I will give you powers to account so that you can get support.” That is your responsibility.
“Judges are not children. They know what their responsibilities are.”
Justice Malindi suggested to Justice Mlambo that there should be a proper process in place if a judge has a problem. “As a judge who has practiced in many sectors, and as a leader, I understand that certain issues that cause shame and embarrassment are not easy for certain people to discuss, even as leaders. “Maybe,” he suggested.
Mr Mlambo said: “I am speaking out against this shameful matter. I have heard much worse things from other colleagues. And I want to believe in the cases that I helped.”
He acknowledged that Judge Mgukibisa-Tusi handed down all pending sentences, but did not accept that her performance as a judge was otherwise exemplary.
“When she writes judgments, she writes good judgments. But she has often been on my list of good judgments over the years, even though she has a lesser workload than people much more junior to her. ”
Justice Jafta questioned whether the court was dealing with the issue of gross misconduct and impeachment.
“I am not aware of any case where an impeachment was successful because the judge did not pass a verdict. That has never happened. Therefore, we must be cautious,” Justice Jafta said.
He said that the Judicial Conduct Commission, which initially considered the charges against Judge Mlambo, only recorded that Judge Mngukibisa-Thusi could be found guilty of charges of misconduct or incompetence, and that the court would consider only those charges. He pointed out that there may be an obligation to take this into consideration.
Justice Mlambo said the defense team needed to make submissions in this regard.
Judge Mlambo was the JSC's only witness. The hearing is scheduled to conclude this week.
This article first appeared on GroundUp.
