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.
October 2024 Interview:
October 2024 Interview Synopsis:
CJ Maya started with the interview with the usual pleasantries, running through his academic achievements and his diverse professional career which includes being a public prosecutor for 4 years, a Magistrate for 14 years, joining the Department of Digital Technology, moving to Neotel and then returning to the Magistracy where he has been since 2012. Upon his return he has worked his way up in the Magistracy being elevate to the Regional Magistracy in 2023.
Despite covering the 37 week period he acted in the High Court and the 40 judgments he produced in that time, Judge President Mlambo put forward several other important questions the JSC would want the answers of to properly assess Mr Thupaatlase. JP Mlambo brought up his punctuality in delivering judgments with only four exception which he provided reasons for. The JP also prefaced his next question by confirming that the Regional Magistrates Court does more criminal work than civil. With this in mind, noting the long lead times that currently exist at the Gauteng High Court, acknowledging that many of the matters that arrive at the High Courts belong at the Magistrates Court he asked how Thupaatlase will help to ensure that lawyers take these matters to the Magistrates Courts? Thupaatlase’s response was simple and explained that even though a High Court can’t refuse a matter Rule 4(1)(a) could be beneficial in this regard and should be given more teeth in its application.
In closing off his questions, JP Mlambo asked whether he could do with more experience at the High Court before being permanently appointed as he hasn’t sat in the special motion court and has only sat in one full trial. Thupaatlase agreed with the JP that he could benefit from more acting experience, but when this question was clarified by Commissioner Ngcukaitobi, his answer differed and he stated that he believes he is ready.
Deputy President Zondi raised two objections that were made against him, the first from the National Bar Council of South Africa who noted that he did not have any experience in Constitutional Litigation, this objection he confirmed that he was lacking experience in this are. The second objection was a complaint of bias laid by the LSSA against him. Thupaatlase explained that this complaint was laid with DJP Sutherland who found no merit to the complaint and found it to be frivolous.
Ultimately Mr Thupaatlase was unsuccessful on his first attempt before the JSC.
