Capacity: Advocate
Admission: 2015
Gender: Female
Date of Birth: April 1978
Qualifications: LLB (University of Venda)
Key judgments:
- Molokomme v MEC for Health Limpopo (1440/2014) [2020] ZALMPPHC 18 (12 May 2020).
- Daniel Maphoto v The State (A18/2021) [2022] ZALMPPHC (12 January 2022).
- Maria Baloyi v Minister of Health (968/2016) [2019] ZALMPPHC (31 January 2019).
Candidate Bio:
Advocate Musumeli Madavha received her training as a candidate attorney at the then Justice Centre, now the Legal Aid, in Thohoyandou in Limpopo in 2002. In 2004 upon qualifying as an admitted attorney, she left the Justice Centre to work as a junior public prosecutor in the Waterval District Court, working in the Sexual Offences Court.
Through sheer determination, Madavha moved up the ranks in the National Prosecuting Authority to Relief Prosecutor in several districts and regional court sittings in Limpopo. In 2014, Advocate Madavha took another leap of faith. After working as a prosecutor for thirteen years, she enrolled for a pupillage programme at the Johannesburg Bar.
In 2015, after admission as an advocate, Madavha moved again to join the inaugural Bar Council of the Limpopo. Here she was instrumental in the growth and success of the Bar, and played a pivotal role in the recruiting of aspiring advocates in Limpopo.
In 2019, Advocate Madavha was invited to act in the Limpopo Division of the High Court. In her capacity as an acting judge, she penned several judgments including Molokomme v MEC for Health Limpopo. The plaintiff, Mr Molokomme brought an action against the defendant, the MEC of Health in Limpopo for loss of support arising from the death of his wife, whilst in the care of the doctors employed by the defendant.
The deceased, Ms Molokomme reported to her husband that she had tonsilitis and as a result was not feeling too well. A week later, the deceased consulted a medical doctor who referred her to the Polokwane Provincial Hospital to see Dr Masipa, a maxillofacial surgeon. Dr Masipa diagnosed Ms Molokomme as having Ludwig Angina – a bacterial infection that affects the floor of the mouth and the neck. Dr Masipa noticed that she had difficulty in breathing – and proceeded to make an insertion, to drain the pus for relief, and ease her breathing.
The deceased was admitted for further observation and surgical intervention. When X-rays were taken to examine the extent of the bacterial infection, the medical team decided to book the deceased for surgery. Because of the abscesses around the neck region, it was later decided, based on the extent of the infection, that it was best to perform an endotracheal intubation as opposed to a tracheotomy. After three failed attempts at intubation, the medical doctors proceeded to do a tracheotomy. On insertion, the pus leaked out in all directions. With the medical doctors unable to suction all of it the deceased suffered cardiac arrest and subsequently died of heart failure.
Upon examination of the evidence presented by both the plaintiff and defendant’s experts, the court concluded that the defendant’s employees did what reasonable medical doctors were expected to do under the circumstances. Madavha held that a medical doctor cannot simply be held negligent for something going wrong in the execution of their duty. The action was dismissed with costs.
Advocate Madavha holds an LLB from University of Venda and is vying for judgeship in the Limpopo Division of the High Court in Thohoyandou,
April 2023 interview
Adv Musumeli Beauty Madavha’s interview for a position on the Limpopo Division of the High Court (Thohoyandou) was unsuccessful.
Following deliberations, the JSC decided to leave the vacancy open. No candidate was recommended for appointment.
