Judges, including Maumela, to still face the music over alleged misconduct

The Judicial Service Commission (JSC) says it is still handling judicial processes relating to several judges who have been accused of misconduct.

The JSC provided an update on the complaints brought against various judges on Thursday, 5 October.

The matters have been handled by the so-called “small JSC”, which consists of a group of 13 commissioners and excludes politicians.

Hlophe, Goliath complaint

Speaking during a media briefing, JSC spokesperson, Advocate Sesi Baloyi confirmed that Western Cape High Court Judge President John Hlophe and Deputy Judge President Patricia Goliath could face a Judicial Conduct Tribunal for gross misconduct.

“The JSC did meet… we have received a report on the ruling and recommendation of the tribunal,” she said.

Baloyi indicated that both Hlophe and Goliath have been invited to make representations to the JSC before the matter is finalised.

“The letters to them are supposed to have gone out by now. The secretariat couldn’t tell me when are they are required to make submissions. So yes, the matter did serve before the small JSC and they are required to make submissions,” she added.

In September 2022, the Judicial Conduct Appeals Committee upheld former Chief Justice Mogoeng Mogoeng’s recommendation that a tribunal be established to investigate allegations against Hlophe and Goliath.

ALSO READ: John Hlophe misconduct saga several years from reaching a conclusion

Mogoeng Mogoeng had made the recommendation to the JSC’s Judicial Conduct Committee (JCC) in July 2020, a few months after Goliath laid a gross misconduct claim against Hlophe.

In her complaint, Goliath, alleged, among other things, that Hlophe assaulted Judge Mushtak Parker, used abusive language towards her and delegated duties meant for her position to his former wife, Judge Gayaat Salie-Hlophe, who was the Deputy Judge President’s junior.

Hlophe, in return, filed a counter-complaint against Goliath which included allegations of racism and gross incompetence.

Hlophe is also facing an impeachment process for gross misconduct in a separate matter relating to former president Jacob Zuma.

The judge was suspended by President Cyril Ramaphosa in December 2022.

Maumela, Mngqibisa-Thusi tribunal

Baloyi also indicated that progress has been made in kickstarting the tribunal process for suspended Gauteng High Court judges, Tshifhiwa Maumela and Nomonde Mngqibisa-Thusi.

“The tribunal has been appointed and evidence leaders have been appointed. There’s been consultation with the Minister [of Justice] and NDPP [National Director of Public Prosecutions].

“The tribunal is expected or planning to meet in October to decide on their programming dates and what they are going to do,” she said.

RELATED: JSC split over suspension of two judges

Maumela, who presided over the Senzo Meyiwa murder trial, and Mngqibisa-Thusi were suspended by Ramaphosa in June this year following a recommendation from the JSC.

Complaints had been laid against both judges for their failure to deliver numerous reserved judgments.

According to a GroundUp report in October 2022, Judge Mngqibisa-Thusi was reported to the JSC for her failure to deliver judgment in a matter after 19 months.

Makhubele tribunal

Meanwhile, Baloyi said no decision has been made on the future of suspended Judge Tintswalo Makhubele since her tribunal was still ongoing.

“That hearing is continuing…. the way this happens is that we never chase up on the JSC, on the tribunals, to report to us. We allow them to run their process and when they are done then they give us their ruling. As far as we know, it is still continuing,” the advocate said.

The tribunal was postponed to 13 November after Makhubele claimed that she could not pay her lawyers in the last sitting on 1 August.

The matter stems from a compliant laid by activist group #UniteBehind against Makhubele in 2019.

READ MORE: Judge Makhubele hid her Prasa appointment from judiciary, tribunal hears

It accused Makhubele of misconduct when she took up the dual roles of Gauteng High Court judge and chairperson of the Passenger Rail Agency of South Africa’s (Prasa) interim board, which violated the separation of powers principle of the Judicial Code of Conduct.

She was also accused of attempting to facilitate the transfer of money to corrupt companies during her time at Prasa.

Gauteng Judge President Dunstan Mlambo, Prasa whistleblower Martha Ngoye and others have already given evidence in Makhubele’s tribunal.