Judge Tshifhiwa Maumela and Judge Nomonde Mngqibisa-Thusi Judicial Conduct Tribunals

The Judicial Service Commission (JSC) is cracking down on judges who don’t deliver their judgments timeously. The issue of long outstanding judgments had long been a thorn in the side of the judiciary with more than 830 judgments currently outstanding.  In terms of judicial norms and standards, gazetted in 2014, judgments in both civil and criminal matters should not be reserved without a fixed date for hand down. Saving exceptional cases where it is not possible to do so, every effort must be made to hand down judgments no later than three months after the last hearing.

The complaint against Judges Maumela and Mngqibisa-Thusi is a case in point. The two judges both had dozens of outstanding judgments – way beyond the time limits prescribed by the judicial norms and standards.
In October 2022, Gauteng Judge President Dunstan Mlambo lodged a complaint with the JSC against Mngqibisa-Thusi regarding a judgment that was 19 months overdue “and a number of other judgments reserved for long periods”. The complaint against Judge Maumela, involved 12 judgments with some dating back as far as 2016.

In June 2023, the Judicial Service Commission (JSC) recommended that Judge Tshifhiwa Maumela and Judge Nomonde Mngqibisa-Thusi be suspended (read more here), and a Judicial Conduct Tribunal be established to investigate potentially impeachable conduct related to long-outstanding judgments. The commission said due to the seriousness of the complaints, the JSC had decided to advise the President to suspend both judges.

Judicial Conduct Tribunals

The Judicial Conduct Tribunal of Judge Maumela is scheduled to take place from 18 – 20 March and 22 March 2024. To watch the livestream of the Tribunal click here. 

The Judicual Conduct Tribunal of Judge Mngqibisa-Thusi took place on 29 January 2024. We are awaiting the Tribunal’s decision. To read more visit: https://www.ewn.co.za/2024/01/30/judge-mngqibisa-thusi-afflicted-by-condition-preventing-her-from-performing-her-duties-court-hears