Judge President Mlambo states that Maumela was not appointed for Meyiwa matter due to perceived incompetence

Judge President Dunstan Mlambo testified at the Judicial Service Commission’s tribunal probing misconduct charges against suspended Pretoria High Court Judge Tshifhiwa Maumela, stating that Maumela had defied instructions and was never meant to preside over the Senzo Meyiwa murder trial. Mlambo, as the head of court, knew that Maumela was not fit for the trial and felt it was important to clarify how Maumela ended up leading the proceedings. Maumela was supposed to manage the pre-trial proceedings until the trial was ready, at which point Mlambo and the Deputy Judge President would determine a suitable judge for the trial. However, Maumela proceeded with hearing evidence without notifying them, leading to embarrassment and concerns about his competence.

Despite being informed about Maumela’s medical condition that required him to drink warm liquids during proceedings, Mlambo felt that Maumela had shown incompetence and disregarded his instructions. Maumela’s actions in presiding over the Meyiwa trial, despite not being designated as the trial judge, were seen as evidence of gross incompetence. Chief Justice Raymond Zondo even called Mlambo to express concern about Maumela’s behavior in court. After receiving reports about Maumela’s medical condition and conduct, it was decided that he should be replaced, as he was never meant to handle the Meyiwa case from the beginning.

The tribunal is investigating the charges of gross misconduct and incompetence against Maumela, who could face impeachment if found guilty. Maumela was suspended along with Nomonde Mngqibisa-Thusi, with Mngqibisa-Thusi having already appeared before the tribunal. Mlambo’s testimony highlighted the concerns about Maumela’s fitness to hold office and the potential consequences of his actions. The tribunal will determine whether Maumela’s conduct warrants disciplinary action and what the appropriate measures should be to address the issues raised during the investigation into his handling of the Senzo Meyiwa murder trial.

Mlambo emphasized that Maumela’s defiance of instructions and decision to proceed with the trial without authorization demonstrated gross incompetence and disregard for proper procedures. The role of the head of court in assigning judges to cases and ensuring the integrity of the judicial process was underscored by Mlambo’s testimony. The tribunal’s inquiry into Maumela’s conduct highlights the importance of upholding professional standards and accountability in the judiciary, particularly in high-profile cases such as the Senzo Meyiwa murder trial. The outcome of the investigation will have implications for Maumela’s future in the judiciary and the integrity of the legal system as a whole.

The allegations against Maumela raise broader questions about judicial oversight, accountability, and transparency in the legal profession. The tribunal’s examination of Maumela’s behavior and decisions in the Meyiwa trial sheds light on the complexities of judicial ethics and professionalism. The role of the judiciary in upholding the rule of law and ensuring fair and impartial trials is essential to maintaining public trust and confidence in the legal system. The outcome of the tribunal’s inquiry will have far-reaching implications for the judiciary’s reputation and credibility, as well as for the individuals involved in the case, including Maumela and Mngqibisa-Thusi. It remains to be seen how the tribunal will ultimately resolve the allegations of misconduct and incompetence against Maumela and what impact this will have on the broader legal community in South Africa.