Judge Mngqibisa-Thusi

For the first time a judge is to face disciplinary proceedings and possible impeachment in South Africa for not handing down judgments on time. The Judicial Conduct Committee (JCC) ruled that Judge Mngqibisa-Thusi should be suspended. The complaint before the Judicial Conduct Tribunal against Judge Nomonde Mngqibisa-Thusi was brought by Gauteng Judge President Dunstan Mlambo and relates at least 21 late judgments. The ruling which formed the basis of her suspension and the disciplinary proceedings against her, sets out five matters in which she failed to hand down judgments within 12 months, six matters in which she took longer than six months and another 10 which, while they had been delivered had been 'unduly delayed'. The JCC noted that at the time of the hearing of the complaint (June 2021), six more delayed judgments with an average time of nine months had been brought to the attention of the Judge President. The JCC (by majority) said it appeared that the complaint, if established, would indicate incapacity or gross incompetence and this needed to be investigated by a tribunal. If she is found guilty of 'gross incompetence' or 'gross incapacity' she could face impeachment.