Daily Maverick
Dailymaverick logo

South Africa

South Africa

High court candidate tells JSC he didn’t know his PhD was from an unaccredited institution

High court candidate tells JSC he didn’t know his PhD was from an unaccredited institution
Karabo Mafolo
By Karabo Mafolo
8 Apr 2022
Facebook
1
On Thursday, High Court candidate Vusumuzi Ngobe kaNkosi told the Judicial Service Commission that he didn’t know that the institution he got his PhD from wasn’t accredited.

Vusumuzi Ngobe kaNkosi’s prospects of being appointed to the Limpopo High Court were shattered on Thursday evening when he was grilled on the credibility of the institution at which he obtained a PhD.  

Ngobe kaNkosi was being interviewed by the Judicial Service Commission (JSC) for one of the two vacancies at the Limpopo Division of the High Court.  

Read more on this week’s JSC interviews here and here.

Ngobe kaNkosi told the JSC that he had completed his doctoral studies last year at the Atlantic International University.  

Commissioner Vusumuzi Xaba asked Ngobe kaNkosi whether he was aware that the Atlantic International University was not accredited by the United States Secretary of Education. 

Ngobe kaNkosi said that as far as he knew the institution was an accredited institution in the US.  

Commissioners pressed Ngobe kaNkosi on this issue, with commissioner Gratitude Magwanishe stating that a simple Google search, “which took me less than two minutes”, informed him that the institution wasn’t recognised by the US education authorities.  

Chief Justice Raymond Zondo, who chairs the commission, said that he was concerned by Ngobe kaNkosi’s attitude. “Your attitude seems to be defensive. Your attitude seems to be suggesting commissioners are making a big deal out of nothing,” said Zondo.

Ngobe kaNkosi denied this. “I’m surprised. I wouldn’t have spent this much time studying if I’d known it wasn’t accredited,” said Ngobe kaNkosi.

In disclosing membership of political organisations, Ngobe kaNkosi seemed to have written that he had joined the ANC in 1983. However, the ANC was still banned then. Ngobe kaNkosi clarified that he meant that he was part of the United Democratic Front (UDF).

Although Ngobe kaNkosi insisted that he was a member of the UDF, Xaba explained that it wasn’t possible.

“You couldn’t be a member because it was a federation. Can you give us the name of the affiliation you were a member of?” said Xaba. 

Zondo interjected and supported Xaba’s statement. Ngobe kaNkosi did not mention any affiliation he was part of; instead, he said that when he was completing the application form he wanted to disclose that he was part of the UDF. 

https://www.dailymaverick.co.za/article/2022-04-07-mammoth-effort-and-r8-billion-needed-to-clean-up-sas-stinking-sewage-and-wastewater-crisis/

Commissioner Frans Legodi said he had spoken to Ngobe kaNkosi on Monday and sought to advise him “as a brother”. 

Legodi read out from the questionnaire that candidates filled out: “Are there any circumstances known to you which may cause you embarrassment in the undertaking of office of the judge? You understood this question and your answer is no. We both know the truth.”

Legodi said that about five years ago, during a matter, Ngobe kaNkosi stayed at a hotel in Mbombela despite his home being 5km from the hotel. Legodi asked Ngobe kaNkosi to tell the commission why he had chosen to stay at the hotel. 

“When I was appointed to act in Mpumalanga, the Pretoria office was booking everything. The accommodation was booked because I was attending cases in Mpumalanga. I couldn’t have known I wasn’t supposed to stay at the hotel,” said  Ngobe kaNkosi.

Ngobe kaNkosi told the JSC that he decided to stay at the hotel so that he wouldn’t be disturbed while he read and analysed documents and prepared for court. 

“I then took your advice and cancelled it and paid for myself so I can prepare my work properly and not be disturbed at home.”

OTHER INTERVIEWEES


Marisa Naudé-Odendaal 


The only woman candidate to be interviewed for the vacancies in the Limpopo Division of the High Court was Marisa Naudé-Odendaal. Naudé-Odendaal was also the youngest advocate interviewed.   

Naudé-Odendaal will turn 39 in June, but despite her age, letters of support from the General Council of the Bar noted that she had garnered wide-ranging experience across various fields.  

When asked whether she’d make a good judge at such a young age, Naudé-Odendaal said that although it might be viewed as “quite extraordinary” to appoint someone her age as a judge, it wasn’t unusual. She used Zondo and Justice Mbuyiseli Madlanga as examples. Zondo became a judge at the age of 37, while Madlanga became a judge when he was 34.  

“What history has shown us is that people appointed at a young age add value. Being 38 is an advantage of the judiciary because I still have many years of service and I have lots of energy,” said Naudé-Odendaal. 

Commissioner Jennifer Cane said that Naudé-Odendaal’s peers would be considering applying for senior counsel instead. “Don’t you think that would be of value in your circumstance?” asked Cane. 

Naudé-Odendaal replied: “In my instance, since I was 27, I remember during pupilage moot court training, I looked at the judge and decided that that’s where I want to be one day. I am more interested in being a judge than SC.” 

John Holland-Müter 


During John Holland-Müter’s interview, he had to answer commissioners’ questions about his work as a prosecutor in the 1980s. Reading one of the comments on Holland-Müter, commissioner Xola Petse said the Limpopo Society of Advocates had said that it did not appear as though Holland-Müter had grappled with how apartheid had influenced his outlook.  

Commenting on this, Holland-Müter said: “My attitude as either a magistrate or judge is that you will have to apply justice to every person before the court without being influenced by race or gender. I am adamant that I wasn’t influenced by the pre-constitutional situation. My attitude is you need to be fair to each person.” 

Commissioner Nosiviwe Mapisa-Nqakula asked what kinds of cases Holland-Müter prosecuted in the 1980s. 

“They were the normal cases of theft and shoplifting. When there were unrest cases, they were heard in the regional court, but I was in the district court,” said Holland-Müter. 

When Legodi said that in the 1980s “everything was on fire” and that public violence cases were also heard at the district court, Holland-Müter denied this. 

“I was in Witbank and it had three district courts. You had to obtain a registered court date and then an application for bail. I was never involved in such an application,” said Holland-Müter.

Lesibana Ledwaba 


The JSC’s criteria for considering candidates for vacancies need to look at how the candidate’s appointment will help reflect the gender and racial component of the country. When asked about this, Lesibana Ledwaba said that if he were appointed it would help with the racial component, but not so much the gender component.  

Ledwaba has acted as a judge for 49 weeks and spent two terms doing matters pro bono. 

According to Judges Matter, Ledwaba has a “rich and varied” legal career. He started out as an administrative clerk at the Department of Justice, in both the civil and criminal courts. He moved through the ranks and became a clerk of the court, an interpreter and later a prosecutor. 

When commissioner Archibold Nyambi asked Ledwaba what his understanding of judicial accountability was, he said it meant that one was loyal to the Constitution and to the country.

Thogomelani Tshidada


Speaking about his involvement in the Limpopo community, Thogomelani Tshidada said that he had approached the University of Venda to have their law students observe court proceedings.

On a weekly basis, Tshidada offered advocacy training to pupils and availed himself to answer any questions they had. 

Nyambi asked how Tshidada was able to keep a positive attitude despite not being selected in October 2021 when he interviewed for a high court vacancy. 

Tshidada said: “When you’ve made up your mind on your desire to serve, you never look back. Since 2019, whenever I get a call from the Judge President, I would stand up and drop everything and go serve.” 

Tshidada’s legal career started in 2001 when he was a clerk at the Johannesburg High Court. He became a judge’s registrar in the same court in 2002. 

Commissioner Sesi Baloyi asked about disciplinary action against Tshidada in 2014 and whether he had been charged or found guilty of a transgression since then.  

“Around 2010 [and] 2011 I had been in practice for two years. I happened to bend my fingers with the little knowledge I had,” said Tshidada. He had “overreached” and once it was brought to his attention, he sought advice. “I was told the practice I followed was improper and unlawful,” said Tshidada, who became emotional.  

Tshidada also said that commissioner Kameshni Pillay had helped him at the time. Pillay had excused herself from participating in the Limpopo interviews. 

“I was sanctioned,” said Tshidada. Commissioner Cane said that she was involved in Tshidada’s disciplinary hearing.

“Many juniors were caught up and it’s not something that the bar would hold against this candidate. He was very junior and it was a long time ago,” said Cane.

The JSC recommended Naudé-Odendaal and Tshidada to fill the two vacancies at the Limpopo Division of the High Court. DM

Want to stay informed about the latest legal issues? Sign up for Judith's Prudence, a free newsletter curated by Legal Eagle Judith February, who rounds up all your essential reading of the week.

[hearken id="daily-maverick/9317"]

Categories:

Tags: