UPDATE: Hearing Day Two, 23 JULY 2026
Day two of the Tribunal kicked off with a frail-looking Judge Lekale himself taking the witness stand. He explained he will not be calling any other witnesses.
He gave background to his illness, including how his right leg was amputated below the knee in 2018, and his left toes later being amputated in 2019. Tribunal member Advocate Montsho-Moloisane SC noted that Lekale’s medical reports indicated that in April 2019 he was permanently blind and this was related to his diabetic condition, and asked if that was the date when he got confirmation of his blindness. Lekale replied that he could not remember
Trying to understand his illness better, Tribunal President Justice Petse quizzed Lekale on how his eyesight problems began, including the year they started.
Lekale explained that he consulted traditional doctors in the Free State and Mpumalanga, who advised him that he would lose eyesight, which he eventually did in 2018. However, he testified further, those same traditional doctors told him that he would regain his vision ‘soon’. Asked by tribunal member Judge Irma Schoeman what ‘soon’ meant, considering that Lekale has now not had his vision for 8 years, Lekale maintained that he believed it would happen “soon”. Petse asked what timeframes the traditional doctors set out regaining his eyesight, Lekale responded “to be honest, it was never clear but I expected, and even now I can expect, that I will become okay because two weeks back, I received a message, that it will go away and I will become okay, even today when I testify, I will be okay … It could happen any time soon.”
Petse noted that, despite being told in 2019 that he would regain his sight soon, it has still not materialised six years later. “I’m still confused about that, because I also thought it would be soon”. Asked by Petse if he genuinely believed that he would regain his eyesight, Lekale replied “yes”.
Finally, Petse put to Lekale that he has now been away from work for 8 years, and then squarely asked if Lekale understands that himself to be suffering from judicial incapacity. Lekale replied, “My condition seems to border on incapacity… as I was capable of doing work, but I have now not been able to because of my illness.”
It was then that Evidence Leader Advocate Megan Blows questioned Lekale on the state of his condition and its impact on the judiciary. Blows laid out how the medical reports showed that Lekale’s condition was progressively deteriorating, and there does not seem to be any prospect that he will regain his eyesight, which Lekale replied with a simple ‘yes’.
Blows questioned Lekale on his understanding of the negative impact his absence from his judicial work has on the court, and how this is impacting on the public reputation of the judiciary. Lekale replied that he understood the impact but was adamant that medical boarding would lead him to permanently lose his eyesight.
Noting that Lekale realised that his absence would negatively impact the court, Judge Schoeman asked if Lekale still persisted in refusing to be medically boarded. “The circumstances were such that if I opted otherwise, I would lose my sight permanently”, Lekale replied.
Asked if he would call any witnesses at the end of his evidence, Judge Schoeman said that he would not be calling any witnesses.
The testimony then ended.
Tribunal President Petse asked both parties to file written arguments by the end of August. Thereafter, the tribunal will submit its report to the Judicial Service Commission.
Watch the Tribunal here: