In a first of its kind, a Judicial Conduct Tribunal has been appointed to determine at which stage a medical illness becomes judicial incapacity. Free State High Court Judge Lepono Lekale is accused of judicial incapacity for an illness that has placed him on sick leave since 2018. The illness affects his eyesight. He is therefore unable to work as a judge. Should he be found to suffer judicial incapacity, he could be impeached and removed from office as a judge.
Judge Lepono Lekale was appointed to the Free State High Court bench on 1 January 2012 after an illustrious career in legal practice as an attorney. At the time of his appointment, he had been one of few black attorneys to establish and maintain a vibrant legal practice in the Free State.
After his appointment as a judge in 2012, he would go on to deliver some important court judgments. In August 2017, he used the then little-used section 9 of the Prevention of Organised Crime Act to sentence seven notorious Free State gang members to life sentences each for a string of murders in furtherance of gang activities. He also sat as one of three judges in the ‘Bophelo House 94’ case, where the court declared unconstitutional the criminal prosecution of health activists for staging a ‘sleep out’ night vigil protest outside the Free State Health Department’s headquarters, Bophelo House.
Judge Lekale actively served as a judge for six years before he suffered an unexplained illness affecting his eyesight. From June 2018, he was unable to perform his duties as a judge and took sick leave.
From time to time, he would submit medical certificates to the Free State President, Judge President Cagney Musi, indicating that he was still unwell and was not fit to resume his tasks as a judge.
In 2023, five years’ sick leave had been taken, and when it became clear that Judge Lekale could still not return to work, Judge President Musi approached Chief Justice Zondo for guidance on what to do. Chief Justice Zondo suggested that Musi speak to Lekale on the option of voluntarily requesting early retirement due to ill-health. Musi then spoke to Lekale, who asked to think about the suggestion.
Lekale came back and told Musi that he could not take early retirement. Why? Because he was advised by a traditional healer that his ancestors simply did not allow him to take early retirement, and should he do so, he would be permanently blind.
Left with no option, Judge President Musi filed with the Judicial Conduct Committee on 31 January 2025 a complaint of judicial incapacity against Judge Lekale, in terms of section 177 of the Constitution.
The Judicial Conduct Committee (JCC) is a body established by the Judicial Service Commission Act of 1994 to receive and adjudicate misconduct complaints against judges. The JCC is made up exclusively of senior judges, most of whom are retired.
In terms of section 16 of the JSC Act, Judge President Musi’s complaint was first received by the Acting Chairperson of the JCC (Deputy Chief Justice Dunstan Mlambo). He determined that the complaint must be referred to the JCC to consider whether it shows a prima facie (at face value) case of judicial incapacity, in terms of section 16(1) of the JSC Act.
The JCC (made up of Justice Chris Jafta, Justice Halima Saldulker, and Justice Nolwazi Mabindla-Boqwana) considered the complaint. In terms of section 16 of the JSC Act, the JCC invited both Judge Lekale and Judge President Musi to a hearing on 29 April 2025, where they heard from both sides.
Musi explained the background to the complaint and his attempts to ask Lekale to take early retirement. Musi also noted that, over the years, Lekale had submitted medical certificates from an ophthalmologist that would not disclose Lekale’s illness but would simply state that he was unwell, and that he would be well enough to return to work on a specific date in the future. However, when that date came, a fresh certificate would be issued, repeating the same facts and indicating a new date for Lekale’s return to work. Notably, these certificates were issued by the same ophthalmologist: Dr Akhona Macala.
During the hearing, Judge Lekale explained the background to his illness, including his consultations with both medical professionals and a traditional healer. He also gave consent for Musi to submit medical certificates from his ophthalmologist, which he said substantiated that he could not return to work due to the illness affecting his eyesight. He also confirmed Musi’s statement that he could not take early retirement based on advice from a traditional healer that it would lead to permanent blindness. The same traditional healer had indicated he would regain his sight and Lekale believed he would be sighted again “any time soon”.
In a ruling written on behalf of the three-judge JCC, Judge Saldulker notes that the advice Lekale received from the traditional healer had been received six years prior to the inquiry hearing (i.e. in April 2019) and despite this, Lekale had not been back at work.
Saldulker also noted that none of the medical certificates submitted to the JCC at the hearing confirmed why Lekale could not return to work, or why it necessitated further sick leave. Nevertheless, Saldulker accepted that the certificates show that Lekale could not return to work.
However, Saldulker noted that the situation had become untenable: Lekale had not been at work since June 2018, which has necessitated the appointment of an acting judge to do the work Lekale was appointed to do.
As a result, the JCC recommended that the JSC establish a Judicial Conduct Tribunal for further investigation on whether these facts give rise to a finding of judicial incapacity.
On 10 October 2025, the JSC (sitting without members of Parliament) resolved to establish a judicial conduct tribunal.
See the JSC media statement on the tribunal establishment here
Judge Lekale is accused of judicial incapacity, one of the three grounds of impeachment for judges, under section 177 of the Constitution. This is the first time a judge has been accused of judicial incapacity.
A judicial conduct tribunal is therefore needed to investigate whether there are enough facts for the JSC to reach the conclusion that the judge suffers from incapacity.
The tribunal will hear the complainant, Judge President Cagney Musi, who will testify about the facts and circumstances leading up to his complaint of judicial incapacity.
Judge Lekale will also have an opportunity to testify in his defence. It is expected that he will call up his medical experts, including ophthalmologist Dr Akhona Macala, who has been treating him since 2018. In addition, we expect Judge Lekale to call up his traditional healer.
The Tribunal, through the evidence leader, may also call up its own witnesses to test some of the aspects of medical and spiritual information, and how they measure up against the standards of judicial incapacity. A witness on general incapacity in a workplace context may also be called to testify.
There has never before been an investigation into judicial incapacity in the South African judiciary, so the tribunal will be treading uncharted waters.
A previous tribunal, concerning Gauteng High Court Judge Nomonde Mnqibisa-Thusi, did consider aspects of judicial incapacity, but the main charge in that tribunal was that of gross judicial misconduct. In Judge Lekale’s tribunal, gross misconduct is not alleged.
The Lekale Tribunal is made up of three members: two senior judges and a senior advocate. The tribunal panel is chaired by Justice Xola Petse, the retired deputy president of the Supreme Court of Appeal. He is joined by Judge Irma Schoeman, a retired judge of the Eastern Cape High Court. Finally, they will also have prominent Pretoria Advocate Lesego Montsho-Moloisane SC as the final member of the panel.
In terms of section 24(1) of the JSC Act, the Tribunal has appointed Advocate Megan Blows as Evidence Leader, a senior state advocate who currently serves as Deputy Director of Public Prosecutions in the National Prosecuting Authority’s Western Cape office.
The Tribunal may conduct its investigation through:
- collecting evidence;
- conducting a formal hearing;
- making findings of fact; and
- making a determination on the merits of the allegations of judicial incapacity levelled against Judge Lekale.
The Tribunal is entitled to subpoena documents and may call witnesses to testify at the hearing.
Judge Lekale will be entitled to legal representation at the hearing (Office of the Chief Justice, via the State Attorney, may provide him a state-funded lawyer).
The hearings for the Tribunal are scheduled to take place from 22 – 24 July 2026, at the @Sandton Hotel in Johannesburg, Gauteng.
While this tribunal is concerned with a judge’s medical fitness to continue in office, the ultimate outcome may be impeachment and removal from judicial office.
Section 177 of the Constitution outlines three grounds of impeachment for judges:
- Gross misconduct
- Gross incompetence
- Incapacity
A judicial conduct tribunal is therefore established to investigate the facts of whether any of these grounds exist and advise the Judicial Service Commission accordingly.
In Judge Lekale’s case, if the tribunal finds that the facts of judicial incapacity exist, they will advise the JSC of this outcome through a report.
The Small JSC (i.e. the JSC sitting without the 10 members of Parliament) will consider the tribunal report and reach its own conclusion of whether the facts gathered prove judicial incapacity. If they reach this conclusion, they will recommend to Parliament that Judge Lekale be removed from office through the impeachment process.
The impeachment process entails the National Assembly in Parliament considering and debating the JSC’s finding. Then, by a two-thirds majority, vote to remove the judge from office. The President must implement Parliament’s decision by setting the date on which Judge Lekale will no longer be a judge.
This is the first judicial incapacity inquiry in the JSC’s history. While the focus will rightly be determining the health status of the judge, and how this impacts the broader judiciary, accountability versus judicial wellness will loom large. It will also shed light on how the tribunal balances Western medicine with African traditional medicine and spirituality, in the context of the demands of the judiciary. Like in the Mnqibisa-Thusi tribunal, we expect at least part of it to be open to the public.
While impeachment does seem like a harsh outcome, it is not the only option available for dealing with judges’ health and wellness. In terms of section 3(2)(c) of the Judges Remuneration and Conditions of Employment Act, the first option is to allow the judge a sufficient amount of sick leave to recover from an illness. Where it is clear that the judge is unlikely to recover, the next option is for the judge to apply for early discharge from judicial office (colloquially called ‘medical boarding’ or ‘medical pension’ or ‘early retirement on medical grounds’). The judge simply needs to submit a request to the President requesting early discharge. This was an option that was offered to Lekale, and he declined on the advice of his traditional healers.
Hearing Day 1 | 22 July 2026
The Tribunal opened with a ruling that the proceedings would be open to the public and the media in the interests of transparency. Free State Judge President Cagney Musi was the first and only witness, outlining Judge Lekale’s prolonged illness, repeated medical leave since 2018, and the circumstances that led to the judicial incapacity complaint. He also raised concerns about the impact of Lekale’s eight-year absence on the judiciary and public confidence.
Read the full Day 1 update here.
Hearing Day 2 | 23 July 2026
Judge Lekale testified in his own defence, explaining his medical condition, his reliance on traditional healers’ advice, and his continued belief that he would regain his eyesight. He acknowledged that his condition now appeared to amount to judicial incapacity but maintained his refusal to accept medical boarding. The Tribunal concluded the evidence and directed both parties to file written arguments before preparing its report for the Judicial Service Commission.
Judicial Conduct Committee ruling on Judge LJ Lekale
JSC Media Statement | 28 October 2025 | J SC decision on complaint lodged by
Judge President C Musi against Judge LJ Lekale of the Free State division of the High Court
Newzroom Afrika | 22 July 2026 | “Judge Lekale declined medical retirement”
GroundUp | 23 July 2026 | Free State judge concedes eight-year sick leave “borders on incapacity”
EWN | 23 July 2026 | Free State Judge Lepono Lekale defends 8-year sick leave at tribunal
eNCA | 26 July 2026 | “Judges faith in traditional healers clashes with doctors’ prognosis”