Judge Mngqibisa-Thusi’s tribunal to be in-camera

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The Judicial Conduct Tribunal hearings on a complaint lodged by Gauteng Judge President Dunstan Mlambo against suspended Judge Nomonde Mngqibisa-Thusi will be heard in-camera.

Mngqibisa-Thusi faces this probe and possible impeachment for late rulings if she is found guilty of “gross incompetence” or “gross incapacity.”

Today, the Tribunal is set to call three witnesses who will deal with sensitive evidence. The media had to exit the proceedings after Mngqibisa-Thusi’s legal team invoked Section 29 of the Judicial Services Act, which limits the persons who can be in attendance at the Tribunal.

Despite the default practice of making these hearings public, the media is not listed in the said section.

The Act also goes on to state that if it is in the public interest and for the purposes of transparency, the Tribunal President may determine that all or any part of a Tribunal hearing must be held in public.

Tribunal Chair Retired Justice Chris Jafta was persuaded by the application and instructed media to make a formal application should they require access to the proceedings.

“Having listened to Justice Malindi on behalf of Thusi, having looked at the provisions of 29 of the JSC Act, we are persuaded that the default position is that these hearings have to be private unless the president of the Tribunal decides otherwise. They may be public only if it is found to be in the public interest and for the purposes of transparency.”

The Judicial Conduct Tribunal hearing for Judge N Mnqgibisa-Thusi, begins today in Sandton, 10h00.

Direct Link – https://t.co/hfIRTAjBX2
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— RSAJudiciary (@OCJ_RSA) January 29, 2024