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Criteria for the appointment of a Chief Justice

Criteria for the appointment of a Chief Justice

Criteria for the appointment of a Chief Justice

Over the course of several opinion pieces, we have unpacked the role of the Chief Justice. We have discussed the Chief Justice’s powers in dealing with misconduct by judges [Also found here on Daily Maverick], the importance of the role of the Chief Justice [Also found here on Daily Maverick], and we have discussed the controversy over remarks by Chief Justice Mogoeng about the state of Israel. [Also found here on Daily Maverick]. What does this analysis tell us about what kind of qualities a Chief Justice should possess?

What kind of qualities should a Chief Justice possess?

This is an important consideration as the tenure of the current Chief Justice, Mogoeng Mogoeng, comes to an end in late 2021. It will therefore soon be time to start considering who should be appointed as the next Chief Justice. This means that serious consideration must be given to the qualities and attributes an individual should possess in order to be considered for appointment to such an important position.

The Constitution does not give any specific guidance as to what these qualities might be, beyond the general criteria for appointing judges – namely that they must be appropriately qualified, fit and proper, and that racial and gender demographics be considered. Seniority, and holding the position of Deputy Chief Justice, does not inevitably lead to appointment as Chief Justice. Chief Justice Mogoeng had only been a judge of the Constitutional Court for two years when he was appointed as Chief Justice, and former Deputy Chief Justice Dikgang Moseneke was twice overlooked for the position of Chief Justice.

The Chief Justice needs to be an influential leader

It is clear that a potential Chief Justice must possess a wide range of qualities and attributes. Indeed, meeting the qualities discussed below appears to be a superhuman task. A potential Chief Justice will be required to be an influential leader on several levels, both as the head of the Constitutional Court (the highest court in the country), and the head of the entire judiciary. Not every judge will necessarily meet these standards.

Judges Matter’s proposed criteria for the role of a Chief Justice

We think that the qualities required for the role of Chief Justice include being a strong administrator, both as the head of the Constitutional Court and as the head of the judiciary. One of the most notable features of how the role of the Chief Justice has changed over time is the dramatic increase in the scale of the Chief Justice’s administrative responsibilities. The Chief Justice therefore must have significant administrative skills, with strong organisational abilities and a keen understanding of the needs and challenges of the judiciary.

As the head of the judiciary, the Chief Justice communicates the views of the judiciary on matters relating to the administration of justice to other branches of government and must therefore be able to navigate this space. The Chief Justice also needs to be able to communicate on behalf of the judiciary with the general public and civil society. This is important for maintaining public confidence in the judiciary.

A Chief Justice must be a skilled policy maker, in order to discharge responsibilities such as implementing and monitoring norms and standards for the judiciary, advising the Minister of Justice on making regulations for the administration of the courts, and determining the budget required by the judiciary.  They should also have a strong understanding of the proper role of the judiciary in relation to the other branches of government, being sensitive both to the limits of the judicial role and for the judiciary not to be overly deferential to other branches of government.

 

A Chief Justice must also be an intellectual leader. They must be able to lead the Constitutional Court, a court which deals with complex and weighty issues. They must have a strong jurisprudential background and track record, so that they can write high-quality judgments that will be an example for other judicial officers to follow. They must have stature as a lawyer and as a leader and command the respect of judges and lawyers. They must have the intellectual ability to be a jurisprudential thought leader and innovator, to address novel legal questions, and to articulate judgments that break new legal ground. A Chief Justice must also have the capacity for hard work that the role requires.

 

A Chief Justice must also be a person of the highest integrity. They must have a keen understanding of judicial ethics, and they must have conducted themselves, both on and off the bench, in a manner that demonstrates they possess high ethical standards and a strong understanding of the issues underlying judicial ethics. Whilst a sitting judge would have been assessed as a fit and proper person by the Judicial Service Commission (JSC) when they were appointed, it does not follow that they have inevitably conducted themselves in an ethical way while they have been a judge. How they have conducted themselves as a judge therefore ought to be evaluated. As chair of the JSC, the Chief Justice must be able to provide leadership in holding to account judges who fall short of the required ethical standards.

 

A Chief Justice must be independently–minded and have a demonstrated commitment to constitutional values and the human rights enshrined in the Constitution. They must show fairness as a leader of both the Constitutional Court and the whole judiciary. They should have the vision and ability to continue the process of transforming the judiciary, both in terms of its composition and its governance structures. As chair of the JSC, the Chief Justice plays a key role in determining the quality of judges appointed to the judiciary.

 

One of the most intriguing aspects of the appointment of the next Chief Justice will be to see whether the candidate is a high-profile individual, or one with a more low-key public profile. The current Chief Justice has taken on a more prominent public profile than his predecessors. This has been particularly noticeable in the number of public speeches he has made. On some occasions, the content of these speeches has been problematic and controversial. It might be argued that in the modern era of social media and 24 hour news cycles, having a head of the judiciary who is comfortable with a prominent public profile is now an important aspect of judicial leadership, in a way that was not the case 10 or 20 years ago. On the other hand, those who are uncomfortable with the Chief Justice’s often outspoken remarks will be more comfortable with a lower key, restrained public profile. Whichever approach is ultimately followed, this is a criterion that should be considered.

 

The importance of the role means that a Chief Justice can be expected to be subjected to consistent and often intense scrutiny. They must therefore be thick skinned and able to handle pressure and adverse comment in a way that protects the integrity of the judiciary. A Chief Justice’s leadership style and temperament should allow others the space to grow and develop. They should be collegial, be able to build consensus, give decisive leadership and direction when required, whilst allow for dissenting views and debate. Indicators of a suitable temperament include courtesy, politeness, being respectful, open-mindedness, thoughtfulness and decisiveness.

 

Although it is difficult to factor in diversity fully when one person is being appointed, the Constitution does require that the racial and gender composition of the country is considered when any judicial appointment is being made. This includes the appointment of the Chief Justice. An obvious consideration in appointing the next Chief Justice is whether the time has come to appoint a woman to the highest judicial office in the country. All the Chief Justices in South Africa’s history, both before and after apartheid, have been men.

 

A Chief Justice must also be a diplomat of sorts, capable of representing South Africa in interactions with the judiciaries of other countries, and on international and regional judicial organisations. Examples of the latter include the Southern African Chief Justices’ Forum, and the Conference of Constitutional Jurisdictions of Africa (chaired by Chief Justice Mogoeng between 2017 and 2019).

Identifying someone who fits all these criteria is no easy task. Indeed, it might be argued that the increasing administrative role played by the chief justice is impossible to reconcile with traditional understanding of the Chief Justice being a pure judicial reasoner and intellectual leader of the judiciary, taking into account the tremendous burden both aspects of the role must place on any one individual. Nonetheless, that is the system currently in place, and those charged with appointing the new Chief Justice will have to weigh up all these factors in determining who to select for the position. It will not be an easy task, but it is an extremely important one.

 

Acknowledgement: this article draws on criteria identified in the Democratic Governance and Rights Unit’s submission on the appointment of Chief Justice Mogoeng in 2011 (available at http://www.dgru.uct.ac.za/usr/dgru/downloads/DGRU%20Submission%2026%20August%202011.pdf), and on Morné Olivier, “The selection and appointment of judges” in Cora Hoexter and Morné Olivier The judiciary in South Africa (Juta, 2014).

Comments (9)

  1. Avatar
    Thembile Dingiswayo
    Oct 11, 2020

    I do not honour an invitation to do foam party in a pigsty with pigs.I resigned as a District Court Magistrate of Northwest because Leviathan and /or a dog who then was and still is Head of the the judiciary condoned sabotage / collapse of the transformation,reconstruction of the judiciary but like a dog which unwittingly found himself at the rooftop and/or at the edge and/or apex of the building that houses Courts of law which buildings is still consists of one million storeys ,when I was flying by like a judicial eagle and /or legal eagle attempted to pounce on me and that Satan fell oblivious to the fact that she/ he had no wings to fly.Lucifer started falling towards the mud of a volcano of God’s wrath.Next year is the year in which Leviathan will swim in the consuming fire of the volcano mud.God did not push Satan into the wilderness,Satan himself was pushed by the evil tsunami and/or ecosystems and/or snares that he created for Adam and/or his descendants therefore Jezebel despised her own husband,she terrorized Eliyah (Yahweh)she persecuted Elisha (Shama) yet she fell from the window of her main bedroom which was at the apex of the double story of the anointed mansion built by King David.Jezebel’s body was devoured by dogs and dogs licked the ground on to which her body fell .The architect who orchestrated my resignation (the resignation harvested and will still harvest me millions of rands) delayed his own retirement but Covid 19 (Satan) had its last laugh because he died a pauper and by delaying his retirement he forfeited R15 million pension fund to the state.That millionaire who never enjoyed his millions stayed on to public service of the Department of Justice in order to hound out and suppress young intelligent,intellectual and prudent young magistrates but he forgot that the young legal eagles had wings to fly but he was just a dog that was at the rooftop of the Northwest Magistrate Judiciary.Devil waited for me in a court of law on 31 January 2016 I did not pitch up.The devil made another case using Jezebel ,Jezebel waited for me in court on 14 October 2016,I DID NOT PITCH UP.Jesus Christ encouraged people to stay away from courts.Jesus Christ exhorted and instructed people to engage in alternative dispute resolution.On his first day in prison serving a life sentence,Nelson Mandela asked God to facilitate his death or asked to kill him.God answered: Nelson Rholihlahla Mandela be free……….destiny vindicated God and Nelson Mandela was redeemed/retrieved from police custody on 11 February 1990.
    Isaac was not Abrahams child,Sarah was a barren woman.She stole a child and defrauded Abraham.God commanded Abraham to burn Isaac (vehicle tyres and match box style) but at the last minute God said “I said make a sacrifice by burning your own first born child”.Sarah had by then chased Abraham’s first child Ishmael away because Ishmael was a product of rape of an Ethopian African virgin slave which rape was ignited and presided over by none other than Sarah herself .When Ishmael was chased out of Abraham’s house,his mother was given nothing,but Ishmael was given a bottle of water .Sarah did not know that the bottle she gave Ishmael was filled with anointed water.While walking through the desert (now called Palestine,Saudi Arabia,Iraq,Syria,Jordaan,Gaza Strip,Ukraine,Iran,Libya,Republic of Emirates,Africa,South Africa- the list is endless)God showed up to Ishmael and said something to Ishmael.😭😭😭😭😭😭😭😭😭😭😭😭😢😢😢😢😢 Look at Dubai now.
    I ask for a donation from a Good Samaritan to sponsor my trip to the 2022 Cata World Cup.

    To the Office of Chief Justice ,I pray to God that the word Jerusalem not be mentioned because Palestinians like blacks of South Africa ,are being forcing removed from Jerusalem
    To the Office of the Chief Justice:
    “SHALOM – Let there be peace in our land
    “Peace I leave with you; my peace I give you. I do not give to you as the world gives. Do not let your hearts be troubled and do not be afraid.” (John 14:27)

    “Be anxious for nothing, but in everything by prayer and supplication with thanksgiving let your requests be made known to God. And the peace of God, which surpasses all comprehension, will guard your hearts and your minds in Yeshua HaMashiach [Jesus the Messiah]. (Philippians 4:6–7)

    “You will keep in perfect peace [shalom shalom] those whose minds are steadfast, because they trust in you.” (Isaiah 26:3)

  2. Avatar
    Thembile Dingiswayo
    Oct 11, 2020

    There is a judicial battle taking place right now between two very different visions of what kind of judiciary we want to have and what values should shape the future of the Judiciary in South Africa. Will the judiciary walk the path of reactive, regressive change as is evidenced in the saga caused by the unfortunate events that befell Judge Motata and Judge Hlophe’s disciplinary tribunals where left-brain thoughts seem to have afflicted our judicial leadership or the path of proactive, progressive change where ethical considerations and Constitutional imperatives feature prominently in each judgement contemplated by any court and is strictly governed by Section 39 of the Constitution.This is an indictment which so far has not been appropriately responded to by the national judicial leadership of this country in that the Constitution envisages that a progressive judicial ecosystem be nurtured and be intact.The judiciary has so far not risen like a phoenix from the ashes of Apartheid.Judicial officers have yet to live in an environment characterized by collegial self-love where there is judicial empowerment that instill confidence in their judicial craft Shoudn’t the Criminal Procedure Act be amended to make it empirical and an obligation to strictly apply the judicious criminal procedures suggested by judicial decisions like Tshabalala judgement on the elusive issue for the magistrate judiciary on how to employ to judicial adjudication evidence which was obtained unconstitutionally obtained and the Constitutional Court’s judgement on private usage of marijuana?The Magistrate Court judiciary needs these proposed amendments to the Criminal Procedure Act to force magistrates to be the judicial officers that they claim deserve to be.
    Further South Africa as a constitutional democracy does not deserve a revised “Black or Bantu Administration Act “ phrased in the guise of Traditional Court’s Bill to apply in the areas where Africans where forcibly removed or restricted to by the Group Areas Act.There is no area in South Africa that is inhabited by people of one monogamous tribal group speaking one common language.Genuine and deserving tribal chiefs and kings were deposed and replaced by Apartheid stooges. The forced removal agents appointed in terms of the Group Areas Act effected unjust evictions solely on colour of one’s skin.These evictions did not care to establish whether a Black person is a Motswana,Umzulu,Xhosa and never dared distinguishing to what language,tribe,cultural group a black evictee belonged to.You find in Khayakhulu,Sefikile and Ledig and Mahikeng villages in the Northwest province miscellaneous groups of people living in a tribal area headed by a chief.The last time I checked the chairman of The House of Traditional Leaders in Northwest is a Hlubi chief yet Hlubi language like Khoisan is not a constitutionally recognized official language in South Africa.
    The unfortunate Traditional Courts Bill seeks albeit in a judicially vulgar fashion to legitimize and implement the dreaded topic of “conflict of laws” that is necessitated by the constitutional equality brought about by Section 211 of the Constitution “putting “ customary law on the same footing as the Roman-Dutch laws and/or English laws in South Africa.This “conflict of laws” is a daily headache that should be troubling any judicial officer in South Africa worth his or her salt.It begs a judicial officer to offer a unique global solution when confronted by issues that were raised by King Dalindyebo in his abortive putative defence that he was executing his judicial function as a chief by meting corporal punishment to his subjects(according to customary law) but victims(in terms of Roman-Dutch law).According to me this is a thorny constitutional issue which the present judiciary seeks to conveniently avoid despite Judge Yvonne Mokgoro in her inaugural Constitutional Court’s judgement having innovatively applied this “conflict of laws” approach in S v Makwanyane.Judge Mokgoro reflected competently on implications of social context to judicial adjudication.To me she reflected on broad social and economic inequalities that exists between whites and blacks,rich and poor,young and old ,normal people and people living with diabilities.She was conscious of gender disparities and touched on the need to take into account the different viewpoints and perspectives based on the experiences and opportunities of those in whose judgement she sat.She felt the heartbeat of those who might have had biases,stereotypes that can operate in the process of judicial decision making.She felt the need to give recognition to the diversity of our people.She prophesied that diversity ought to be celebrated as it helps to construct society in which differences or diversity is not tied to prejudice,assumptions,presumptions but be affirmed and celebrated.This approach should be an effective tool that needs to be placed ,by force if need be,in the hands of judges ,magistrates,tribunals and quasi judicial incumbents to help them address the past and present inequalities and unfair discrimination.The judiciary should decode its thoughts so that nobody would be in a position to predict what a presiding officer would say and do ahead of the case been formally head in an open court.Deputy Chief Justice Zondo lamented as follows “[218] I have read the third and fourth judgments here. I agree with the fourth and disagree with the third judgment. The divergence of views in this matter flows solely from different interpretations assigned to section 89 of the Constitution. This is not novel. It happens frequently in courts presided over by panels of Judges. But what is unprecedented is the suggestion that the construction of the section embraced by the majority here constitutes “a textbook case of judicial overreach.” The suggestion is misplaced and unfortunate.
    [219] Conceptually it is difficult to appreciate how the interpretation and application of a provision in the Constitution by a court may amount to judicial overreach. The Constitution itself mandates courts to interpret and enforce its provisions. The discharge of this judicial function cannot amount to overreach whether one agrees or disagrees with a judgment that construes and applies the Constitution in a particular way”This is an illustration of the lively judicial exchanges that took place in our apex court between the Chief Justice Mogoeng Mogoeng and the Deputy Chief Justice Raymond Zondo
    about the interpretation of a section of the Constitution which ought to be done in terms of section 39 of the Constitution where section 2 of the Constitution is born in mind when tackling what seems to be threatening the doctrine of the separation of powers. Section 2 entrenches the doctrine of the rule of law which to me supercedes the doctrine of the separation of powers. But the opposition parties cannot be seen to be vetoing the will of the majority by trying to govern through court cases. The Chief Justice wanted to ventilate this view but could not back it up with the proper construction of the Constitution hence his minority judgement was labelled ” misplaced and unfortunate”

    This should seek to confront the notion that the nation knows precisely what the the judgement of Chief Justice Mogoeng Mogoeng might be on freedom of religion,religious intolerance and judicial functions of tribal authorities.It is an open secret that his background as a small town lay preacher of Christian faith sets constraints,fetters and limits to his vision on freedom of religion and tribal judicial thrones.Those on the bench should be aware of diversity,know people’s experiences and should not be dictated to on what to do,how to do it or which sentences to impose.The basic instruction is not to feel threatened but work without fear,favour or prejudice.
    Judge Mokgoro in her judgement in S v Makwanyane found that the ethical basis of Ubuntu dictates to judicial officers on what is right or wrong as it is a broad-based value system that speaks to the the core of human identity and existence inherent in all human life.A competent judicial officer should contemplate on the benefits and side effects of his judgement not only on society but on his professional life.Impact analysis where a judicial officer reflects on the impact that his judgements has on the triple bottom line of social,environmental and economic fabric of society where sustainable development is intergrated into jurisprudence should form a compulsory component of the judgement-making training offered by the South Africans Judicial Education Institute to newly appointed judicial officers.

    Judge Mokgoro employed Ubuntu as an instrument she used to interpret the law in a social context to blend the core values of Ubuntu with similar values inherited from the common values shared by all the inhabitants of South Africa and the universe.Ubuntu and social context should be used to enhance social cohesion and to develop our social infrastructure.Ubuntu contributes to the shared values and core competencies in the make up of a good jurists.Ubuntu encourages that emphasis be placed on duties towards others,warmth,empathy,commitment to service delivery and communication in the exercise of duties assigned to us.The values that a judicial officer can harvest from Ubuntu are :
    1. Honesty and trustworthiness
    2.Impeccable integrity ,reliability and the ability to withstand the temptation to do something irregular or dishonest for personal gain.
    3.A sense of equity and fairness to enable a judicial officer to act impartially and exercise good judgement.Equity refers to the application of the general law to an individual case in such a manner that justice prevails
    4.Objectivity in adjudicating disputes means that no irrelevant considerations should be brought to bear upon your judgements.A judicial officer should be blessed with keen logical sense.In conclusion a judicial officer should be able to recognize own disposition,preconceptions,subjectivity to master the art to block out own personal emotions when distinguishing between facts and fiction.

  3. Avatar
    Thembile Dingiswayo
    Oct 11, 2020

    Nelson Mandela was charged for treason offence which was committed while he was serving a custodial sentence of five years for contravention of the Immigration Act.It was in 1962 when he was incarcerated by use of a properly issued and signed warrant of committal.That document constituted an absolute defence for him.But Nelson Mandela terminated the mandate of Braam Fisher,George Bizos,Arthur Chaskalson and Mandela went ahead undefended.Those who were caught red handed at Lilies Farm followed suit.They followed Mandela in refusing to plead but they were all convicted. Conviction for treason by then was rewarded by a death penalty.Again Nelson Mandela in mitigation of sentence he ended with the words : I am prepared to die.Nelson Mandela rose like a phoenix from the ashes of death penalty and became the first President of a democratically elected Parliament of the Republic of South.Those who can read between the lines will observe what my response is to your posts.The truth that hides behind Nelson Mandela’s conducting his own defence is the true way that leads to everlasting life

  4. Avatar
    Thembile Dingiswayo
    Oct 11, 2020

    ATTENTION:

    Mogoeng Mogoeng(CJ)

    DCJ Raymond Zondo

    Judge President  Leeuw (Mafikeng High Court)

    Matebesi

    E. Masupye

    Armed Gun Men 

    Magistrate DeWitt

    Amos Modise

    Maxie J Kleynhans

    CHIEF MAGISTRATE JJ IKANENG

    SAHRC (South African Human Rights Commission)

    Public Protector

    DoJ&CD Forensic Investigation Unit

    SAPS

    Court Operations Director

    Subject :. Judge President MM Leeuw and all Judges address case (Special Review Case No: M384-18), and Case: 14/1/4 -39/2017 , when are you going to allocate this case to UNCORRUPTED HANDS TO HAND DOWN JUDGEMENT

    1. Good day, Judges, South African Human Rights, Public Protector, DoJ&CD Forensic Investigation Team and etc,

    2. I have noted WITH SERIOUSNESS the corrupt tendencies and underhand mondus operandi of Mantsie Jane Matebesi on the magistracy-bench.

    3. With specific reference, I refer you to my email/communication send Aug 14, 2020, 2:37 PM addressed to:  “Chief Magistrate (NW Province), Matebesi, Head of Judiciary, Magistrates Commission, Legal Aid (Rusternburg)”

    4. In that email I was clear, I asked that you send Matebesi to run her kangaroo court on the streets. You failed to listen. 

    5. On the Aug 31, 2020, 12:17 PM,  and 

    Aug 31, 2020, 12:38 PM, and Aug 31, 2020, 1:58 PM

    I sent you an email, requiring that corrupt magistrate matebesi mantsie jane to answer set of questions and that an uncorrupted bench be constituted. The said email was addressed to the following: “ATTENTION:

    Deputy Chief Justice Raymond Zondo

    Mogoeng  Mogoeng

    Judge Maya

    All Judges of the Supreme Court

    All Judges of the Constitutional Court

    DoJ&CD Forensic Investigation Unit

    SIU

    Matebesi

    Kgoele

    Chief Magistrate J Ikaneng

    Sejanamane  (Senior Magistrate)”

    6. None of you addressed responded except, one. 

    7. On the Aug 31, 2020, 2:39 PM, I sent yet another email. Requesting you to appoint a team of UNcorrupted judges. None of you responded. 

    8. You failed your duties to address my email and the case timeously.

    9. REWIND, 2018-2019, I sent you a list of questions requiring Matebesi Jane Mantsie to answer the questions I compiled. 

    10. YOU STILL FAILED YOUR JUDICIAL AND LEGAL DUTIES TO ENSURE THAT THE CORRUPT MAGISTRATE ANSWER THE QUESTIONS. 

    11. Since you failed your legal obligations , and failed to discharge your duties, I kept on sending you series of questions and letters (STILL YOU ELECTED TO COVER UP THE CRIMINAL UNDERHAND CORRUPT ACTIVITIES OF MATEBESI). 

    12. You allowed her to continue tampering with the court file (i.e. enabling her to smuggle fraud unconstitutional oppressive and unlawful underhand orders (“fuouuo”) that NEVER EXISTED in the file on the 10  and 11 April 2010, Case no: 14/1/4 -39/2017 at Madikwe Magistrates Court). 

    Mogoeng Mogoeng (CJ), you were born and bred in this corrupted NORTH WEST province, not far away from this corrupted-court, WHY ARE YOU TOO SLOW TO ADDRESS CRIMINAL AND UNDERHAND ACTIVITIES AND CORRUPTION IN COURT? Why are you a coward after cloaking yourself with CJ’s robe? WHY ARE YOU ALLOWING THIS , ALONG WITH YOUR COLLEAGUES?

    13. I asked  court building security staff, who gave Matebesi the file, who opened the file room, giving her the court file (allowing her to keep on tampering with the court file).

    14. NONE OF YOU (i.e. corrupted black judges and magistrates jointly and court officers) responded. 

    15. You keep on covering up the issue.

    16. Senior Magistrate Mr M SEJANAMANE (now late), called me, met me, we went through the court file, TO MY GRAVE SHOCK I discovered:

    ((a) underhandedly smuggled fraud and untrue record of proceedings that was NEVER in the file,

    (b) underhandedly smuggled  untrue false records that were NEVER in the file;

    (c) backdated false FINDINGS that were NEVER in the file;

    (d) the “buuppa” I refer you to, 

    (b) cooked up false and fraud court appearance (‘cffca’) – placing me in matebesi’s imaginary kangaroo court at 8:30am or 9:30am making “agreements I was never part of”,  (NOTE YOU CORRUPT BLACK JUDICIARY AND DISHONEST BLACK PEOPLE, I was asleep at home at that time. That said, I STILL ASK YOUR CORRUPT SELVES ON THE BENCH, the following questions:

    QUESTION 1: Do sleeping people AUTOMATICALLY APPEAR IN COURT MAKING AGREEMENTS WHEN THEY ARE ASLEEP?

    ANSWER:

    Read Luke 18:1-8 UNJUST AND CORRUPTED JUDGES ARE NOT A THING OF THE PAST, read also old testament but bible scriptures on conduct of corrupt bench members. Dont try to cover up injustice and unconstitutional criminal conduct on the bench. 

    Q2: Why did Matebesi and the corrupted and dishonest judge kgoele(female untruthful judge-friend),  and Eva Masupye (dishonest Senior Magistrate), and Matebesi and your corrupted court officials place me in court WHEREAS I WAS NEVER IN COURT BUT ON MY BED SLEEPING at that time?

    ANSWER:

    Do sleeping persons AUTOMATICALLY APPEAR IN COURT PROCEEDINGS? 

    ANSWER:

    Q3: Mogoeng Mogoeng(CJ), Judge Maya, Judge Mlambo, Judge Baqwa, Judge Leeuw, Judge Goaliath, Deputy Chief Justice Zondo Raymond, explain to me, do SLEEPING PEOPLE AUTOMATICALLY APPEAR IN CHAMBERS MAKING AGREEMENTS whereas their bodies are inside the blanket(s)?

    ANSWER:

    JUDGES have you ever seen any person “in deep sleep on his bed” automatically appearing in court chambers making agreements? 

    ANSWER:

    17. I told you that the matter was NOT on the court roll on the 10-04-2018 and 11-04-2018, Mpho refused to obey the ORDERS OF MAGISTRATE DEWITT, she hired armed gun men to adbuct and unlawfully remove the child from Uitkyk creche (i.e. she deliberately violated protection orders of Magistrate DeWitt), and the agreed parental plan of 2017. She failed to report at Madikwe as ordered by the Magistrate before coming to Uitkyk (the orders of the uncorrupted Magistrate DeWiit specifically said she must be accompanied to visit the child).  Why THEN did she AVOID VISITING THE CHILD per the orders of Magistrate DeWitt , but chose to hire armed gun men in 2018 in the month of April to unlawfully remove and abduct the child at Uitkyk creche?

    ANSWER:

    18.  NOTE I WAS HELD HOSTAGE IN COURT CHAMBERS AND FORCED TO SIGN A BOGUS UNCONSTITUTIONAL UNDERHAND PARENTAL PLAN AGREEMENT (“buuppa”) by Matebesi (those armed gun men where there) somewhere between 3-4pm in 2018-04-11 WHEN I WAS FORCED TO SIGN against my will. 

    19. I have noticed that the NOTES OF MAGISTRATE DEWITT and her orders were ALSO REMOVED FROM THAT COURT FILE. Where are those notes and orders of Magistrate DeWitt. TELL ME PARALYZED BLACK DISHONEST JUDICIARY AND CORRUPT-MAFIA-MAGISTRATES. 

    20. I told you to go FIND THAT UNCORRUPTED-AFRIKANER-WHITE FEMALE MAGISTRATE DEWITT, she will tell YOU the whole issue. INSTEAD YOU DONT DO THAT. That white Afrikaner Magistrate issued protection order for a reason. WHY WAS THE PROTECTION ORDER VIOLATED? Why were armed gun men hired TO VIOLATE THE ORDERS OF MAGISTRATE DEWITT?

    21. Lo and behold, in the “fraud underhand untrue unconstitutional court appearance” (i.e. ‘fuuuca’)  cooked up by Matebesi , she in bad faith purposely omitted the names of the hired armed gun men to COVER UP THE MALICIOUS AND WILFUL BREACH OF THE PROTECTION ORDER ISSUED BY MAGISTRATE DEWITT in 2017.

    22. This corrupt black female magistrate (i.e. Matebesi) acted unlawfully , corruptly, unconstitutional and criminally on the bench. AFTER THE INCIDENT WHEREIN I WAS HELD HOSTAGE IN COURT CHAMBERS, AND FORCED TO SIGN A BOGUS PARENTAL PLAN AGREEMENT, she went outside and talked with those armed gun men next to their car. I SAW THAT CORRUPT MAGISTRATE (I will never forget no matter what you black corrupted judiciary say).

    23. Only ONE(1) UNCORRUPTED CHIEF MAGISTRATE, namely, D. Thulare said what happened was injustice. Check Chief Magistrate D. Thulare’ s speedy response to the injustice. Check the date and time. YOU DELAYED THE PROCESS TO COVER UP the UNDERHAND CORRUPT ACTIVITIES OF THAT DISHONEST MAGISTRATE ON THE BENCH. 

    24. The rest you silenced D.Thulares’  UNCORRUPTED voice, you collectively failed to address the matter speedily, i.e. special review. YOU CHAINED THE LEGAL PROCESS TO COVER UP INJUSTICE which you knew existed. 

    25. Mr Sejanamane (even though he is dead); he knows fully well ABOUT THE UNCONSTITUTIONAL AND UNLAWFUL AND ILLEGAL ORDERS THAT WERE SMUGGLED and “backdated”. He too was disgusted at what occured.

    26. To make matters worse, Matebesi’s senior, namely,  i.e. Masupye E. in her capacity as a “senior magistrate” wrote a false report on a judicial letterhead, WHITE-WASHING what occured in court chambers and in the yard. HER DISHONEST REPORT was written in bad faith to cover up Matebesi criminal and unlawful activities on the bench.

    27. E.Masupye GROSSLY abused her senior magistrate powers to COVER UP THE WHOLE SAGA.

    30. She TOO failed to answer my questions as a corrupt-mafia-magistrate who write false reports to white wash criminal elements and activities in court chambers and building.

    31. My son was UNLAWFULLY REMOVED AND LOADED IN THE WHITE CAR OF THOSE ARMED GUN MEN on the 2018-04-11. Those armed gun men were there. MY SON DID NOT REMOVE HIMSELF, he was abducted and unlawfully removed after I was forced to sign “buupa document” in court chambers against my will.  

    32. E. Masupye is NOT ONLY A LYING AND DISHONEST SENIOR MAGISTRATE, she is willing to write fraud statements to evade accountability. ALL JUDGEMENT WHICH ARE WRITTEN BY E. MASUPYE MUST BE REVIEWED (if she is able to lie and produce a false report on judicial letterhead, surely she cannot be trusted.

    33. UNCORRUPTED Judges and Magistrates (if there is still available), kindly schedule a meeting, meet and travel to Madikwe DoJ&CD Building accompanied by IT specialists of DoJ&CD Forensic Investigation Unit, SIU,  and SAPS, and State Security Agency, when you arrive, demand to see the email of Mr Amos Modise ( amodise@justice.gov.za ), look for an email send to me in 2018 , EXACTLY between April and May after I raised my complaint.

    34. You will note that the corrupted magistrate used Amos Modise’s email to send me the BOGUS UNCONSTITUTIONAL UNDERHAND PARENTAL PLAN AGREEMENT (“buuppa”), which I was sent, declaring it to be the ONLY “ORDER” in the file. CHECK THE DATE AND TIME. 

    35. THAT EMAIL, NOT ONLY EXPOSES Matebesi’s secret criminal underhand  illegal and corrupt court activities (“scuicca”), IT FURTHER SHOWS THE FOLLOWING:

    (a) there were NO SUCH ORDER to which “dishonest judge kgoele” refers to, 

    35b. If Mr Amos Modise (Court Clerk) has deleted the email, DoJ&CD IT and Forensic Unit, SIU, SAPS Crime Intelligence Unit recover it from the servers and the system. AMOS MODISE MUST EXPLAIN WHY HE DELETED THAT EMAIL TO COVER UP MATEBESI’S CRIMINAL ACTIVITIES dolus directus and dolus eventualis. 

    36. KGOELE IS A LYING, DISHONEST AND CROOKED FEMALE JUDGE. She held private talk and meetings with Matebesi to white-wash Matebesi’s KANGAROO court proceedings held at Madikwe (note the matter was not on the court roll). In her fraud judgment, she make up a FALSE STORY. 

    37. She(“kgoele”), ABUSED HER HIGH COURT JUDICIAL POWERS, to cover up her magistrate-friends illegal activities on the bench. She abrogated UNCONSTITUTIONAL POWERS TO HERSELF AS A JUDGE, to white-wash the events of 10 April 2018 and 11 April 2018 separately.

    38. Deputy Chief Justice Zondo, Mogoeng Mogoeng(CJ), Leeuw, Judge Maya, All Judges of SCA and Constitutional Court, when are you going to APPOINT A TEAM OF UNCORRUPTED JUDGES TO WRITE A PROPER RULING AND THE TRUTH. Judge Leeuw , DCJ Zondo Raymond, CJ Mogoeng , Judge Maya when are you appointing and allocating this case (Special Review Case No: M384-18), and Case: 14/1/4 -39/2017 jointly  to a team of UNcorrupted judges. ENSURE THAT THOSE JUDGES READ ALL MY EMAILS AND THE QUESTIONS I ASKED MATEBESI AND KGOELE AND ETC. Stop HIDING the corrupt court activities(‘cca’), create a new case law, which penalises and removes from the bench  corrupt magistrate and dishonest judge who JOINTLY ANS SEPARATELY use court stamps and papers and position to cover up unlawful and criminal activities on the bench (‘ucab’)  by those who sit on it and those who work with them. 

    39. Appoint UNCORRUPTED JUDGES to handle and decide the case. DO YOUR JUDICIAL WORK WITHOUT COVER-UPS AND FAIRNESS. 

    40. Subpoena or summon or call Call Mr Amos Modise (Madikwe Court Clerk)  to your MEETING (in a boardroom full of judges from all provinces and order that he be cross examined,  appoint five (5) advocates to cross examine him). I want answers to all my questions. RECORD THAT PROCEEDING. 

    41. Subpoena and summon Matebesi( ask her when she started backdating those FRAUD UNCONSTITUTIONAL UNDERHAND ORDERS in the file? Ensure that she answers all my questions (refer to 2018-2019 questions I emailed, Matebesi received them too). SHE CANNOT ACT CORRUPTLY AND CRIMINALLY ON THE BENCH AND GO AWAY SCOT-FREE. Strip that corrupt thing the magistracy bench robe. 

    42. When did she start using the laptop and computers to print the bogus and untrue COURT APPEARANCE (“roneo”)?

    ANSWER:

    43. Why did she(Matebesi) lie to kgoele (her judge-friemd)?

    ANSWER: 

    KGOELE ANSWER THE QUESTIONS I EMAILED TO YOU. You did not answer them. Answer thise questions before a panel of Judges Leeuw, Judge Maya, Judge Mlambo, Judge who sentenced Mduli yesterday. 

    Kgoele, why did you CHOOSE TO WRITE A FALSE JUDICIAL JUDGEMENT TO COVER UP criminal activities?

    ANSWER:

    Kgoele, why did you meet Matebesi and privately talk to Matebesi  to sanitize the unlawful activities she engages in on the bench?

    ANSWER:

    Deputy Chief Justice Zondo and Mogoeng Mogoeng (CJ) , when did Leeuw Judge President of Mafikeng decide to PRIORITIZE THIS CASE, or handle this case and/or appoint a team of uncorrupted judges to start judicial work on it?

    ANSWER:

    44. Deputy Chief Justice ,Judge President Leeuw, and Judge Maya, those FRAUD UNCONSTITUTIONAL UNDERHAND PARENTAL PLAN AGREEMENTS (were created from Department of Social Development computer by a social worker called Maureen Letsholo, she works at Madikwe Department of Social Development). Subpoena and summon that Social worker to appear before you. 

    45. Summon and subpoena those armed gun men who Matebesi omitted from the bogus court appearance she cooked up with Mr Amos Modise. 

    46. Summon and subpoena Maxie J Kleynhans, Ms Nkwe , Mr Amos Modise (Madikwe Court Officers), ask them questions. FIND OUT WHO AMONGST THEM GAVE MATEBESI THE COURT FILE TO ENABLE HER  TO TAMPER WITH IT, AFTER MATEBESI RETURNED FROM TRAINING.

  5. Avatar
    Thembile Dingiswayo
    Oct 11, 2020

    THEMBILE DINGISWAYO Sep 1, 2016
    Magistrates should be subjected to the same laws that every citizen of this country are expected to obey. South Africa is a country with multi-cultural diversity and there can never be a single moral code which can be used as a yardstick to measure “fit and proper”ness of magistrates except the broad-based value system based on humaneness of behavioural conduct and humanity at large. A code of conduct based on christianity may well be offensive to Hindu or African customary moral beliefs.Bias, prejudice and ill-informed assumptions will be circumvented by a clear and unambiguous code of conduct informed by principles of equity, fairness and justice set by consensus. There must be a strategy put in place to deal with the issue of diversity and multi-culturalism to mitigate against the possibility of error as those who scrutinise the behaviour of magistrates are humans prone to human error.

    I am passionate about this topic because I am a former magistrate who was subjected to harassment at workplace. Evidence against a magistrate must be based on statement under oath and due process as laid out by the Magistrate Commission be followed to deal with a complaint against a magistrate simply because a magistrate is a human being whose basic rights are guaranteed by the Constitution. In my case apparently my personal mobile number was leaked to the convicts in prison. A group of people that I committed to prison then started stalking me and harassing me.I laid charges at the local police station.A police officer and a prosecutor duly compiled an application for purposes of section 205 of the Criminal Procedure Act.For considerations of fairness, I requested them to approach my immediate senior magistrate to authorise the 205 subpoena. My immediate senior refused to sign the warrant.Then the whole investigation was bungled by my superior. Then the stalking stepped up to the another level.

    A letter from an anonymous person found its way to the Ethics Committee of the Magistrates Commission. The Ethics Committee then based on this flyer or document then resolved to start misconduct proceedings against me.The information at the disposal of the Ethics Committee was not a sworn affidavit, it was not signed by any human being and the information contained therein was not scandalous and did not disclose any moral impropriety attributed to me. But still an investigator was sent to my office to look for the anonymous person who wrote the letter.It must remembered that I was a Head of Office of a remote one-man station in the Northwest. The investigator then disclosed the contents of the anonymous letter to all the clerks, interpreters, prosecutors ando all police officials in my district. The investigator obtained statements from all these people and went to the community and obtained random statements from ordinary members of the community where I was working.Not even one of all these people attested to the contents of the letter from anonymous.
    But the whole exercise led to my character and image sullied and tainted. It was a concerted effort to bring the judiciary into disrepute. I became angry and then resigned on the spur of the moment to save the local judiciary from disgrace. I felt that the Magistrate Commission piggybacked on the blackmail, smear-campaign, harassment and stalking by the faceless unknown people who wrote that anonymous letter.I felt victimised and I was diagnosed with depression. I then later wrote a notice to the judicial Cluster Head of my province in which I was retracting, withdrawing and rescinding my resignation.
    I was informed that the clusterhead declared that she wanted to fire me because I “know too much”.The cluster head never responded and never reacted to my cancellation of resignation. She instead fast-tracked the stopping of my salary by the Department of Justice.
    I then went to the Magistrate Commission and I spoke personally with the Secretary of the Magistrate Commission and exchanged correspondence with hime. He promised to attend to the matter but until today there is no feedback from him.
    The one fact that trouble my soul is that one of the individuals that I convicted and sentenced is a brother-in-law of the Judicial Head of my province and no reason can be found to justify the procedural unfairness, I justice and malice with which I was treated except that it is a personal vendetta against me.
    The magisterial district in which I presided is a parental home of the Chief Justice and his mother is residing there.The mother-in-law of the cluster head resides there.The wife of the liberation stalwart Moses Koran reside there.There was no room for me to commit judicial professional foul. During my tenure as a magistrate there “JUSTICE PREVAILED”.
    Now I am unemployed and am without any source of income.
    Is it justice that was served. Is it constitutional to render the lives of the majority of our citizens to people who treat fellow colleagues in a shabby manner like mine. Even the dumbest criminal must be convicted and committed by virtue of information or statements under oath. I have both the Buiris degree and the LLB degree, if I was treated in this grossly errornous and unjust fashion, what about the lay persons who appear before the magistracy
    PS. Please refer to my comments on the Judges Matter post on “what must be done to discipline judges”The procedure as layed down by your response to my comment was not followed in my case.

  6. Avatar
    Thembile Dingiswayo
    Oct 11, 2020

    “He is the Rock, His work is perfect; for all His ways are justice, A God of truth and without injustice; Righteous and upright is He.Deuteronomy 32:4:

  7. Avatar
    Thembile Dingiswayo
    Oct 12, 2020

    THEMBILE DINGISWAYO May 13, 2016
    I suggest that the Magistrates Act be repealed and magistrates be incorporated into the Judicial Services Council. The incorporation can be done through the passing of the a law called Lower Courts Act where even the term “magistrate” is discarded from our vocabulary. The reason for this request is that Magistrates Court Act was passed before the Constitution and that magistracy was inherited from the British.Magistates were introduced in South Africa by the British to dislodged the tribal chiefs and to subject Africans to British colonial rule.There is no justification to cling to colonial structures that do not advanced our constitutional democracy.Magistrates are not considered by the Chief Justice as part of the judiciary and this causes huge prejudices to the incumbents of positions of magistrates. The same can be said with our parliamentary structure and hierarchy. There was no need for South Africa to cling to British parliamentary arrangements.The parliamentary system is at odds with the constitutionalism envisaged by our Constitution. The Constitution should have provided for the appointment or election of apolitical and independent Speaker of Parliament. The omission to provide for such independent arbiter in the legislature has come to haunt South African and is the source of all parliamentary confusion and chaos which plays itself out in the present day South Africa.
    Magistrates have the competence to pass life sentence and the fates of the vast majority of our people is placed in the hands of people who are not regarded as forming part of the judiciary. It might well be argued that it is unconstitutional that citizens of this country appear before magistrates courts as the magistrates do not for part of the Judicial Services Council.For instance there is no system or structure in place in the Magistrate Commission that deals with discipline and ethics of magistrates. There is nothing that is done to punish magistrates who commit atrocities like murder, robbery, theft, corruption and nepotism. Instead simulated and quasi ethics committee sits only if it wants to target individuals within the magistracy who are critical and vocal about certain injustices perpetrated within the Magistrate Commission. Discipline within the magistracy is approached with a kangaroo court-mentality where statements from anonymous and faceless people which statements not made under oath are used to intimidate and purge people who are considered undesirable out of the magistracy. It is a stated rule of thumb that complaints against Magistrates must be laid by depositing sworn affidavits but this is not the case in the Magistrates Commission.
    This perversion and illegality allowed by the continued exclusion of magistrates from the system that controls and remunerate judges fuel the notion that the Magistrate Commission can float the Constitution by infringing human rights and constitutionally guaranteed rights to fair labour practice and occupational security.

  8. Avatar
    Thembile Dingiswayo
    Oct 12, 2020

    Good Day Mr Secretary of the Magistrate Commission

    The trailing emails discloses that I was a magistrate duly appointed by the Minister of Justice at the Northwest. Circumstances and working conditions were made unbearable to me by the Chief Magistrate of the Northwest. The chief magistrate literally hid and withheld my retraction of a resignation notice from the Magistrate Commission and instructed the Regional office of The DEPARTMENT of Justice at Mahikeng to stop my salary without my resignation having been endorsed by the Portfolio Committee on Justice. Salary of a magistrate   can   only be   stopped   through  the approval of the Portfolio Committee on Justice.

    I timeously lodged a complaint with the Magistrate Commission and the Commission after a year-long delay finally declared to me that it has no authority to help with me regarding a fraudulent act performed by the Judicial Head of Northwest District Court judiciary. I gave the Magistrate Commission ample opportunity to reflect on this matter with the view to avoid loss of tax payers’ funds which will emanating from a High Court reviewing the decision of the Magistrate Commission as reflected in the document trailing as an attachment to this email.

    I am now giving the Minister of Justice and/or the Department of Justice and Correctional Services in terms of the Institution of Civil Proceedings against Organs of State Act a notice that I intend to approach the Courts to claim damages and/or relief caused by the unfair labour practice act and the constructive dismissal of myself by the Chief Magistrate of Northwest. I give you until 05 October 2018 to resolve this problem failing which I will have no option but to approach the relevant courts to declare the decision of the Magistrate Commission and/or of the Chief Magistrate irrational,unlawful and to set it aside.

    Kind REGARDS
    T.P.N. Dingiswayo

    Good Day Mr.Niewoudt and/or The Ethics Committee of the Magistrate Commission.

    It has to be added that you and/or the Commission tossed over the facts that

     1.Mrs. Ikaneng is the member of the Magistrate Commission and spends most days at the premises of the Magistrate Commission. The office of Mrs.Ikaneng received my written retraction of my resignation on 17 February 2016.She then ignored my retraction of resignation and passed off the situation as my resignation. The retraction of my resignation was addressed to The Secretary of the Magistrate Commission and due to communication protocol had to go via the Chief Magistrate Molopo.Mrs Ikaneng had no authority whatsoever to withhold (hide) a communication meant for the Secretary of The Magistrate Commission. This is an offence which was committed by the Chief Magistrate against a district court magistrate. By the time Mrs. Ikaneng received my rescission of resignation on 17 February 2016 I was a magistrate in the employ of the Magistrate Commission .Similarly it is wrong to say that “I had resigned” and it is wrong to say that The Magistrate Commission has no authority to investigate and redress the injustice that followed a simulated resignation re-recreated by Mrs Ikaneng.. Logic dictates that the Magistrate Commission has committed fraud here and today it cites the proceeds of its own crime as castrating it of its authority.It is wrong for the Commission to be the beneficiary of its fraud.

  9. Avatar
    Thembile Dingiswayo
    Oct 12, 2020

    Dear Sir,
     THIS IS A FINAL REPLY TO YOUR PERSISTENCE TO BE REINSTATED.
    TAKE NOTE YOUR NAME AS A RESULT OF YOUR GRIEVANCES TO ME AS SECRETARY OF THE MAGISTRATE COMMISSION: MAHOMED DAWOOD I AND MS.IKANENG HAVE TAKEN A DECISION TO BLACLIST YOU AS A DANGEROUS,HARMFUL AND UNWANTED INDIVIDUAL IN THE PUBLIC SERVICE OF SOUTH AFFICA DUAND KISS YOUR CAREER IN THE DISTRICT COURT JUDY FAREWELL DUE TO THE FOLLOWING:

    According to enquiries conducted on your matter I wish to inform you from inputs received that you had tendered your resignation which was accepted by the Head of the Administrative Cluster, Ms JJ Ikaneng. 
    She accordingly notified the Regional office which proceeded to process your request.
    The Magistrates Commission was not involved in that process. 
    There are no provisions in either the Act or the Regulations which compels the Commission to hold an “exit interview,” a requirement which you have referred to in your correspondence.
    There is furthermore no authority to suggest that your resignation should be endorsed by the Portfolio Committee on Justice and Correctional services.   
     
    Considering that the Magistrates Commission cannot be of any further assistance to you, you are kindly  advised that you are at liberty to approach the Courts and/or utilise the legal remedies at your disposal, if you wish to pursue this matter further.
     
    I trust that you will find the above to be in order
     
    Kind regards

    Mahomed Dawood

    Secretary: Magistrates Commission  

    All officials here under mention a copy for their information is hereby sent to them to implement my decision that I took together  my sister who deserves my solidarity.                                                                                                         
                                                                                                                                       08 October 2018
     Mr. Michael Masutha
     The Minister of Justice and Correctional Services
     PRETORIA

    THE OFFICE OF THE CHIEF JUSTICE; MIDRAND
    The Chairman of the Appointment Committee of The Magistrate Commission
    The Secretary of the Appointment Committee: Ms .Van Zyl
    PRETORIA
    The Cluster Head of Judicial Administrative Region 9 : Northwest
    Ms. Johanna Jabile Ikaneng

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