South Africa


Gauteng high court Judge President reports judge to JSC over outstanding judgments

Gauteng high court Judge President reports judge to JSC over outstanding judgments
Judges are supposed to hand down judgments within three months of them being reserved. A judge in Pretoria has not handed down a judgment that was reserved in February 2021. (Archive photo: Ashraf Hendricks)

Judge Nomonde Mngqibisa-Thusi has not yet delivered a judgment she reserved in February 2021.

Judge Nomonde Mngqibisa-Thusi, who has failed to deliver judgment in a matter after 19 months, has been reported to the Judicial Service Commission.

The Judicial Service Commission (JSC) is a constitutional body that oversees the appointment of judges, investigates complaints about judicial officers, and advises the government on matters relating to the judiciary.

Judge Mngqibisa-Thusi’s judgment on a dispute between the Department of Military Veterans and a health services company was heard in the high court in Pretoria on 8 and 9 February 2021. Judgment was reserved on 21 February 2021. The ruling is still outstanding.

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The Office of the Chief Justice (OCJ) told GroundUp that Judge President Dunstan Mlambo, of the Gauteng Division of the high court, lodged a complaint with the JSC against Judge Mngqibisa-Thusi regarding this matter “and a number of other judgments reserved for long periods”.

“The Judge President’s Office has enquired, on several occasions, from Judge Mngqibisa-Thusi on when the judgment on this matter will be delivered, with no response thus far,” the Office of the Chief Justice said.

According to a report by the South African judiciary to the Chief Justice, at the end of December 2021, there were 156 reserved judgments outstanding for longer than six months. Overall there were 830 reserved judgments, with the longest outstanding one dating back to 12 December 2012. DM

First published by GroundUp.


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