But the interviews went from bad to worse as it emerged that the Thohoyandou local division was beset with “challenges”, yet its judges were — it was claimed by Judge President Ephraim Makgoba — arriving at work after 11am and leaving at 3pm.
Phatudi — the second most senior judge at the Thohoyandou court — had the most difficult interview, with his judge president grilling him to such a point that Chief Justice Mogoeng Mogoeng intervened, asking if there was some personal animosity between the two.
However, commissioners kept returning to the allegation that the Thohoyandou judges were arriving at court so late. Phatudi said that he never had come to work late, except for one instance when he had car problems and arrived ten minutes late. But what about the others, commissioners asked. Commissioners questioned Phatudi further asking whether he could confirm the allegations and how he could not know where his colleagues were. Phatudi was also asked why had he not reported them to the judge president. The questions kept coming with commissioners seemingly unimpressed by his answer that he was in court himself so could not see who arrived when.
Muller also had a tough time. He is most famous as the trial judge in the damages claim brought by the family of, a five-year-old school child who drowned in faeces after falling in a pit latrine at school. Muller’s judgment in the case — in particular his refusal to award damages for emotional shock despite a concession by the state — has been
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