Tardy judge’s tribunal to be held in camera

The Judicial Conduct Tribunal inquiry into the possible impeachment of suspended high court Judge Nomonde Mngqibisa-Thusi for failing to deliver 21 judgments timeously is now being held behind closed doors.

The tribunal chair is retired Constitutional Court Judge Chris Jafta, who yesterday instructed members of the media and the public to leave the hearing in Johannesburg.

A live feed of proceedings on the official RSA Judiciary YouTube channel, which had been advertised on the official X account, was also shut down.

Jafta said the default position in the Judicial Services Commission (JSC) Act was that all tribunal hearings had to be held in camera.

Should anyone, other than the tribunal members, the judge being charged with misconduct, legal representatives and secretariat want to attend, they would have to make a formal application.

He would then consider that application “in the interests of transparency and the public interests” and with consultation with the chief justice.

At the start of yesterday’s proceedings, Judge Gcina Malindi, who is part of Mngqibisa-Thusi’s legal team, asked that the proceedings be held in camera, or as an alternative, three witnesses give evidence behind closed doors – Mngqibisa-Thusi, as well as a clinical psychologist and an expert on spirituality.

“The aspect of spirituality will touch on aspects of initiation which will cause discomfort to the witnesses and as proceedings go on, we will be tendering evidence about the stigma attached to that aspect of her life. Testifying in public will certainly compromise her ability to freely interact with the panel,” he submitted.

Mbekezeli Benjamin, research and advocacy officer at Judges Matter, said the blanket ban had come as a “surprise”.

“While Section 29 of the JSC Act provides a discretion on the tribunal president to allow public access and media coverage to tribunal hearings, the practice over the last few years has been that all tribunal hearings are open to the public, including a livestream provided by the Office of the Chief Justice.”

He said because of the sensitivity of some of the evidence in this tribunal, her need for privacy was understandable.

“However, this must be balanced against the broader public interest and the need for transparency,” he said.

Judges Matter will write to the tribunal to request access to the hearing.

When the tribunal sat last month, there were indications that Mngqibisa-Thusi would rely on medical and spiritual experts to explain why she had not been able to do her job properly. The hearing was adjourned to allow her to obtain the necessary reports.

The complaint was laid by Gauteng Judge President Dunstan Mlambo, who was expected to begin his evidence yesterday.

Mngqibisa-Thusi is not expected to challenge the “stated facts” – that she did not hand down the judgments on time.

But she is expected to outline that this was because of personal problems she had at the time.