Gauteng Judge Receives Censure for Delayed Judgments but Escapes Severe Punishment

A Gauteng High Court judge, Nomonde Mngqibisa-Thusi, has been reprimanded for failing to issue dozens of court judgments promptly, a lapse deemed misconduct by the Judicial Service Commission (JSC). Despite the finding, the JSC concluded that Judge Mngqibisa-Thusi's actions did not rise to the level of gross misconduct that might warrant impeachment proceedings.

The JSC's decision emerged after probing allegations of incapacity, gross incompetence, and gross misconduct upon a complaint from Judge President Dunstan Mlambo, suggesting that Judge Mngqibisa-Thusi had failed to deliver judgments within a reasonable timeframe, in some cases delaying for up to two years.

During the tribunal that ensued, evidence substantiated the delays as a fact. However, the tribunal found that Judge Mngqibisa-Thusi was neither incapacitated nor grossly incompetent. Though her delays were noted as a failure in her duty, they were mitigated in part by her undisclosed spiritual illness and her subsequent recovery, which allowed her to eventually issue the outstanding judgments.

As part of the reprimanding process, Mngqibisa-Thusi is required to apologize in writing to both Judge President Mlambo and the affected attorneys. Furthermore, Mlambo is to administer a formal reprimand alongside a written warning to ensure the significance of this misconduct is firmly addressed.

In its deliberation on appropriate sanctions, the JSC took into account several factors that might have influenced Judge Mngqibisa-Thusi's conduct, including temporary health issues and her capacity to clear the backlog of her cases upon recovery. However, the commission was critical of her failure to report these delays to the head of court and did not find reporting to the acting deputy Judge President adequate.

The JSC considered a financial penalty but determined it was unsuitable, in part due to constitutional constraints on altering a judge's salary. The commission ultimately concluded that Judge Mngqibisa-Thusi's contrition and attempts to rectify past conduct negated the need for harsher punishments.

The case of Judge Mngqibisa-Thusi underscores the expectations on judges to uphold the principles of timeliness and accountability in the South African judicial system. It also highlights the role of the JSC in maintaining judicial standards while balancing individual circumstances against the public's trust in the administration of justice.