Judicial watchdog, Judges Matter, has warned that the suspension of two judges on the recommendation of the Judicial Service Commission (JSC) would have serious legal implications.
The JSC has advised President Cyril Ramaphosa to suspend the judges, including the one presiding over the trial of five men accused of murdering soccer star, Senzo Meyiwa.
It says it has received reports from the Judicial Conduct Committee relating to complaints against judges Tshifhiwe Maumela and Nomonde Mngqisa-Thusi about their failure to deliver numerous reserved judgments.
The watchdog’s researcher, Mbekezeli Benjamin, says this is unfair to all the parties involved.
“The judge has already heard evidence and has already heard some of the witnesses testimonies. For him to let go of the case and another judge to be allocated means that the whole case must start from scratch. So, all the witnesses that have already given testimony must come back and give testimony. How the law tries to work around this is for the judge to continue to deal with the case until finality, but from the date of suspension, he may not take on any new cases, so that he can finalise all those he’s been dealing with.”
Research and Advocacy Officer from Judges Matter, Mbekezeli Benjamin and Legal Analyst, Mpumelelo Zikalala, spoke to SABC News about the matter in greater detail:
