This week the Judicial Service Commission recommended to President Ramaphosa that he suspend two judges, Judge Tshifhiwa Maumela and Judge Nomonde Mngqibisa-Thusi, immediately pending the outcome of a Judicial Conduct Tribunal hearing.Both complaints were laid by Judge President Dunstan Mlambo, the head of their court: the Gauteng division.Four judges sat on the committee. Two said they should be suspended, one being Supreme Court of Appeal Justice Dumisani Zondi who used his “casting vote”.
The complaint against Judge Maumela, who also happens to be the presiding judge in the ongoing criminal trial of those accused of the murder of soccer star Senzo Myiwena, involved 12 judgments which had been outstanding from 24 to 26 months.
They agreed that the complaint should be investigated by a tribunal to determine if Judge Maumela is guilty of gross misconduct, gross incompetence or suffers from incapacity. A more open-minded approach was needed, they said. Without this, the mental health of judges would not be recognised and factored into their workplace environment, even though society recognised mental health as a key factor in the workplace.
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JSC recommends tribunal probe possible impeachable conduct by two judges despite their health 'challenges'Former Gauteng deputy judge president Phineas Mojapelo says he is unable to support a decision that complaints against judges Nomonde Mngqibisa-Thusi and Tshifhiwa Maumela would, if established, indicate incapacity, gross incompetence or gross misconduct and therefore impeachable conduct.
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