Abantu Batho Congress president Philani Godfrey Mavundla and uMvoti Local Municipality former Speaker Mfundo Masondo have rejected the ‘one-line’ apology offered to them by KZN High Court Judge Elsje-Marie Bezuidenhout – calling it a ‘slap in the face.’

As previously reported, Bezuidenhout was ordered by the Judicial Conduct Committee (JCC) early this month to apologise after finding that she committed a grossly negligent breach of the Code of Judicial Conduct by taking nearly a year to provide reasons in a matter that was before her on an urgent basis.

News24 reports that Bezuidenhout in June 2024 set aside an interim interdict granted by another judge in May that year and indicated that her written reasons would follow.

However, for almost a year, the reasons remained outstanding, preventing any of the litigants from reviewing the process. As a sanction, the committee ordered Bezuidenhout to submit a written apology to the complainants within 30 days.

In her apology addressed to Mavundla and Masondo, seen by News24, Bezuidenhout wrote: ‘I hereby apologise for the delay in furnishing my reasons in case number 8441/1/2024.’

They replied to ‘Honourable Judge Bezuidenhout’, rejecting her apology and labelling it as ‘nothing short of a slap in the face’.

‘Your decision to issue a mere one-line apology demonstrates a failure to appreciate the seriousness of your conduct. An apology carries value only when it reflects genuine remorse, accountability and an appreciation of the harm caused. Yours does none of those things.’ 

News24 reports that they said the apology conveyed the impression that Bezuidenhout neither understood nor acknowledged the extent of the prejudice caused to those whose lives and legal rights were directly affected.

‘Rather than reflecting genuine remorse, your apology appears dismissive and devoid of any meaningful reflection,’ the letter read.

Mavundla and Masondo were involved in a litigious leadership dispute at uMvoti Municipality. They approached the court to interdict the KZN Department of Co-operative Governance & Traditional Affairs (Cogta) from holding a special council meeting on 21 May 2024, at which motions to remove Masondo and Mavundla were to be heard.

This was granted by Acting Judge R Singh, with costs, without the respondents – which included the municipality, its manager and the SA Electoral Commission.

When the meeting proceeded and the pair were removed, Cogta was found to be in contempt of court.

However, Bezuidenhout overturned the ruling after the department brought an application to have Singh’s interdict set aside. 

News24 notes that among the reasons she eventually shared was that in terms of section 35 of the Government Litigation Act, no court is permitted to issue an interdict unless notice of the intention to apply for such rule is served on the relevant government functionary at least 72 hours before the hearing.

Full News24 report