Capacity: Magistrate
First appointed as Magistrate: December 1990 (Magistrate)
Further appointment: May 2023 (Regional Magistrate)
Gender: Male
Ethnicity: Black
Date of Birth: January 1962
Qualifications: BJuris (1985)(NWU) LLB (2015)(UNISA)
Candidate Bio:
Mr. Tebogo Tlhapi Thupaatlase is a Regional Magistrate in Soweto.
He began his legal career shortly after completing his BJuris degree in 1985, starting as a prosecutor. In this role, he made critical decisions on dockets presented by the police, preparing summaries and recommendations for the Director of Public Prosecutions (DPP). His success in prosecution led to his first appointment as a magistrate, where he presided over criminal, civil, and family law matters. His magistrate duties included quasi-judicial functions such as obtaining confessions and signing warrants of arrest and search and seizure orders.
As a magistrate, Mr. Thupaatlase dedicated much of his early career to criminal law. His passion for the field extended beyond the courtroom as he participated in knowledge transfer programs under the South African Judicial Education Institute (SAJEL). His growing interest in civil law led to his appointment by the Chief Justice Forum to the Rules Board, where he served for five years. Recognising his contributions, the minister reappointed him for a second term, though he left before its completion when he was selected to act as a judge in the Gauteng Division High Court.
In his time as an acting judge, Mr. Thupaatlase handled a wide array of cases, including matters related to the Road Accident Fund (RAF) and medical negligence. Mr. Thupaatlase’s most notable contributions include the case Nooe v Minister of Police and Another, where he ruled on an unlawful arrest and detention. In this case, Mr. Nooe was arrested without a warrant and detained without just cause. The police defended their actions, but Mr. Thupaatlase found their conduct unconstitutional, emphasizing that personal liberty cannot be curtailed without lawful justification. He held the arrest unlawful and awarded damages, underscoring the principle of state accountability for the misuse of authority.
In Breadline Africa RSA (NPC) and Another v Bhana, Mr. Thupaatlase presided over a contractual dispute involving a non-profit organization. The case revolved around an alleged breach of contract by Mr. Bhana. Breadline Africa, the plaintiff, sought relief after claiming that Mr Bhana had failed to fulfil the obligations stipulated in their agreement. Mr Thupaatlase’s judgment offered a balanced interpretation of contractual obligations, resolving the matter with clarity on the legal requirements for contractual compliance and reinforcing the need for parties to honour their commitments.
Throughout his career, Mr. Thupaatlase has demonstrated a commitment to justice, blending his expertise in criminal and civil law to deliver fair and reasoned judgments. His time on the bench has been marked by his dedication to upholding constitutional rights and ensuring that both the state and individuals are held accountable under the law.
