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Judge Maumela hospitalised after tribunal hearing against him

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Judge Tshifhiwa Maumela at the JSC Judicial Service Commission hearing on Monday. (OCJ_RSA/X)
Judge Tshifhiwa Maumela at the JSC Judicial Service Commission hearing on Monday. (OCJ_RSA/X)
  • Judge Tshifhiwa Maumela's representative, advocate Ghandi Badela revealed to the JSC on Tuesday that his client was in hospital.
  • The Judicial Service Commission's hearing into Maumela was prompted by allegations of gross incompetence and misconduct against the high court judge.
  • The complaint against Maumela was laid by Gauteng Judge President Dunstan Mlambo.

Gauteng High Court in Pretoria Judge Tshifhiwa Maumela was hospitalised after the first hearing of the Judicial Service Commission tribunal into allegations of gross misconduct against him, the tribunal heard on Tuesday.

According to GroundUp, the tribunal was to have sat until the end of this week (barring the public holiday). However, Maumela's advocate Ghandi Badela said his client was in hospital. Hearings have now been adjourned until the end of May.

After leading the evidence of Gauteng Judge President Dunstan Mlambo on Monday, followed by that of Maumela's former registrar, evidence leader Adrian Mopp said he had expected to wrap up his case on Tuesday.

The complaint against Maumela was laid by Mlambo, who said in his opinion Maumela was guilty of gross incompetence and misconduct. In his evidence, Mlambo said it was "embarrassing" that the senior judge, who had a relatively light workload, had failed to hand down as many as 50 judgments within a reasonable timeframe. Two judgments, highlighted during Mlambo's evidence, had taken five years.

He said he had only once got an explanation from Maumela, when he claimed his laptop had crashed.

"When litigants wait for judgments, it means the justice system is not working," said Mlambo.

He added:

Writing judgments is our existential reason for being judges. He has failed, and has created disrepute to the judiciary.

During cross-examination, Badela said Maumela had suffered a stroke in 2020.

Mlambo said he had never been informed of this.

Badela said Maumela, when he gave evidence, would say that he was overloaded with work, had lost files when his computer crashed, sometimes had "conflicting court schedules" and blamed his registrar for chaos in his office.

READ | Ramaphosa suspends Senzo Meyiwa judge and another for 'failing to deliver judgments on time'

The tribunal has directed that Maumela's evidence would be heard on camera. But there are indications that he might not testify at all. Badela said: "We are considering our position and will reflect on what is before yourselves and revert".

The parties agreed on 27 May as a holding date, pending an update on Maumela's health.

The tribunal's members are Judges Chris Jafta and Dennis Davis and advocate Nasreen Rajab-Budlender, SC.

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