UPDATE: Hearing Day One, 22 JULY 2026
Judge Lekale’s Tribunal kicked off proceedings in Johannesburg, with all three members of the Tribunal Panel and the Evidence Leader present.
Judge Lekale was also present for the proceedings. While it was expected that Judge Lekale would appear with his legal representatives as he was mandated to do at a Pre-Hearing Conference in March 2026, the Judge indicated that he had decided against getting a lawyer and would instead represent himself.
The first order of business was determining whether the tribunal proceedings would be open to the public and the media. In terms of section 29(3) of the JSC Act, a tribunal hearing is private by default. However, the Tribunal President may decide to open it fully or partially to the public and media, but they must do so in the public interest and for the interest of transparency. They may also impose conditions restricting certain information from public disclosure.
The Lekale Tribunal received three applications for public access: from GroundUp media house, from a University of Pretoria doctoral student, Hope Kubheka, and from Judges Matter. Judge Lekale explained that his objection to the media was because the tribunal will deal with his personal health information and he did not feel comfortable disclosing this publicly. The Tribunal ruled in favour of public access on public interest grounds.
Testimony by Judge President Musi
Free State Judge President Cagney is the first witness called to testify in the Tribunal. Musi explained the background to the complaint, including Judge Lekale’s illness from 2018 and how he came to be on sick leave. The bulk of Judge Musi’s testimony was Evidence Leader Advocate Megan Blows taking Musi through the numerous medical certificates filed by Lekale over the years since 2018. Blows sought to show that the medical certificates submitted followed a pattern. This pattern was that Judge Lekale’s doctors would indicate that he is not fit to work for a specific period (usually during recess) but issue a fresh certificate before that period ended, thus extending his time off. This pattern would continue for some years. Musi admitted, however, that the certificates showed a gradual deterioration of Lekale’s condition, even though the ophthalmologist indicated that Lekale ‘may’ start work.
Musi also testified that he had approached Lekale with the proposal for him to take early retirement through medical boarding. Lekale refused this on the basis of his traditional healer’s advice that it would anger Lekale’s ancestors and it would lead to his condition being permanent. Asked if Lekale’s medical diagnosis was reconcilable with these traditional healers’ views, Musi testified that it was irreconcilable, as the beliefs from the traditional healer seemed to contradict the medical specialists’ views. However, Musi added, he was not qualified to comment on either view. However, Tribunal-member Advocate Montsho-Moloisane pointed out to Musi that the diagnosis in one medical report indicated that Lekale’s eye condition seems to be related to diabetes, for which he had already had an amputation of his right leg. Musi conceded this point, but accepted that he was not a medical specialist and could not comment on the reports.
Left with no options, Musi testified, he was advised by then Chief Justice Raymond Zondo to file a judicial incapacity complaint against Lekale – which Musi did in January 2025.
Asked what impact Lekale’s situation impacts public trust in the judiciary, Musi testified that it does. He explained that Lekale has now been on sick leave for 8 years, and still draws a full judge’s salary and benefits (including a new Mercedes-Benz SUV), while an acting judge is paid a similar salary for the job that Lekale would be performing. He was concerned about the optics of this to the public, and how this would cause embarrassment to the judiciary; hence, he raised it with two successive justice ministers and two successive chief justices.
Given the chance to ask questions of Musi, Lekale pointed out that Musi had never visited him to check how his health was. Musi conceded this but said in the earlier stages he would regularly call to check on him. Lekale then asked if Musi would accept him if he returned to work. “Yes, I would,” Musi replied, adding “yes, you are a good judge…you write well, and have sat with me on appeals”.
Musi’s testimony ended.
The evidence leader indicated that she would not be calling any other witnesses.
Read more about Day 1:
Ground Up | 22 July 2026 | Judge has been on sick leave for eight years