Judge Maumela’s conduct embarrassed me, Judge President tells tribunal

The “gross incompetence” of Gauteng Division of the High Court in Pretoria Judge Tshifhiwa Maumela embarrassed Judge President Dunstan Mlambo because it led to a general distrust of the justice system, Mlambo testified on Monday.

Giving evidence at the Judicial Service Commission’s (JSC’s) tribunal probing gross misconduct and gross incompetence charges against Maumela for delays in handing down judgments, Mlambo repeatedly stated that he was “embarrassed” that it had happened under his watch.

He said Maumela had “generally” ignored his messages and phone calls and, apart from once claiming that his laptop had “crashed”, had never given any explanation why he did not write judgments timeously.

“I do not want to sit here as a complainant… But it’s my belief that judges must do the work that they took an oath and signed up to do,” he said.

Maumela is accused of not meeting the benchmark of handing down reserved judgments within three to six months (depending on the circumstances) in 52 matters since 2013.

In two cases highlighted during Mlambo’s evidence, judgment took five years. In one of those, the plaintiff in a medical negligence claim died before the ruling was handed down. In the other, which was not complex, Maumela eventually produced a nine-page judgment

Asked by evidence leader Adrian Mopp whether he usually advised litigants to complain to the JSC directly, Mlambo said that was so.

“It was never my intention to be a complainant against a judge. We are colleagues. But lawyers don’t want to complain. They say they are not prepared to do so because they practise in the division and don’t want to be victimised.

“When the [reserved] judgments built up, I decided to be bold and lay the complaint myself.”

Mlambo said Maumela would promise to hand down judgments on certain dates, and then just not do so, even though the litigants had hired counsel to appear on that day.

There were also occasions when he adjourned part-heard criminal matters to recess. The parties would arrive at court — in one instance an advocate had flown from Cape Town — but Maumela did not show up.

As a senior judge, Maumela had a light workload compared to other judges and presided mainly over criminal trials.

Mlambo said the first time Maumela raised the issue of “ill health” was when he asked for special sick leave.

At the time, he was hearing the trial of the men accused of the murder of soccer star Senzo Meyiwa, which was then suspended.

Drinking tea