Suspended Gauteng High Court Judge Tshifhiwa Maumela. Picture: Jacques Nelles
The longer the Senzo Meyiwa murder trial continues, the less chances there are for his family to get an outcome.
This is the view of legal expert Llewelyn Curlewis.
In recent days, President Cyril Ramaphosa suspended Judge Tshifhiwa Maumela, who has been presiding over the Meyiwa murder trial, to allow the Judicial Conduct Tribunal to investigate suspected misconduct regarding alleged excessive delays by judges in handing down a significant number of judgments.
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Judge Nomonde Mngqibisa-Thusi is another one who was suspended and she and Maumela both sit on the Gauteng High Court bench.
A new Judge, Ratha Mokgoatlheng has since been appointed to preside over the Meyiwa murder trial.
Speaking to The Citizen, Curlewis said with the way court proceedings in the Meyiwa trial have been going and the subsequent suspension of the Judge in the matter, it will be difficult for a new judge to simply continue where their predecessor left off.
“A new judge will not just listen to the record and take it from there as there is a likelihood the matter will start afresh, meaning another long wait for the Meyiwa family.
“An option the family would have had would be to request for a preferential date and insist that the matter must be finalised as well as getting a new judge as soon as possible,” said Curlewis.
He stressed, however, that no one can say that the court criminal procedures as prescribed were not followed during the course of the trial.
“However, although there has been criticism on both sides (prosecution and the defence), the biggest problem so far has been mainly on the judge but I’m sure other issues, if there are any, can be rectified,” added Curlewis.
Another legal expert, advocate Francois Botes, says it is unfortunate that the trial in question has been suffering numerous delays since its inception.
“I think the biggest challenge was the manner in which counsel conducted himself during the trial when there was various technical objections and further particular requests and delays including postponements.
“The fact that Judge Maumela was suspended by the president creates a further delay which is also unfortunate because justice delayed is justice denied,” said Botes.
Commenting further on Maumela’s suspension, Botes said the judge will be summoned to appear before the Judicial Services Commission if his judgments are outstanding and not finalised within a certain period of time.
“It is generally accepted that a judgment should not be outstanding for a period longer than three months, for example, say for exceptional circumstances, but it seems some of his judgments which where supposed to have been handed down, have been outstanding for quite a significant time and I believe there are judgments outstanding for longer than a year which is totally unacceptable,” said Botes.
He said in practical terms, Maumela could have continued with the Meyiwa trial but stressed that it could have been difficult in the eye of the public that a judge has been suspended and still tasked to preside over a matter.
This means that justice is still a long way away for Meyiwa’s family and loved ones.
“The manner in which the investigation was conducted is questionable and I’m afraid the slow pace at which this trial has been conducted, the end doesn’t seem to be soon as this trial has been limping for over a year now,” Botes added.
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