Judge President Dunstan Mlambo yesterday testified that the ‘gross incompetence’ of Gauteng High Court (Pretoria) Judge Tshifhiwa Maumela embarrassed him because it led to a general distrust of the justice system.

A GroundUp report says giving evidence at the 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 on 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, judgments 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 failed to 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 up from Cape Town – but Maumela did not show up.

The GroundUp report notes as a senior judge, Maumela had a light workload compared to other judges, mainly presiding 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 and was then suspended.

Mlambo said Maumela was never meant to hear the matter.

Deputy Judge President Aubrey Ledwaba had instructed that he should only do the pre-trial case management.

‘Myself and Judge Ledwaba had agreed that he was not to do the trial and he was told to revert to us once the pre-trial was completed. That never happened. He decided to go straight into the trial and hear evidence. By that time the horse had bolted. Even the Chief Justice called me. There was an allegation that he was drinking tea during the proceedings. I called him about it and he said he had a condition that he has to drink warm liquid. But he was never meant to hear the matter. He had demonstrated to me, as his head of court, that he was prone to being incompetent. And then he did not comply with the directive.’

Mlambo said in his opinion, Maumela was guilty of gross incompetence and gross misconduct.

‘He is in the top ten of senior judges in the division … I still don’t know why he reserved these judgments for so long. The health reason came in 2023. It was never raised before.’

Full GroundUp report

See also full Cape Argus report