Judge President Dunstan Mlambo said suspended Pretoria High Court Judge Tshifhiwa Maumela was never meant to preside over the Senzo Meyiwa murder trial but defied his seniors' instructions.
Mlambo was giving evidence on Monday at the Judicial Service Commission's tribunal probing gross misconduct and gross incompetence charges against Maumela.
Maumela is accused of not meeting the target when handing down reserved judgments within three to six months in 52 matters since 2013.
In one matter, he took at least five years to make a ruling in a medical negligence case, the complainant died before the ruling was made.
According to Mlambo, there were views that Maumela was struggling with handling the Meyiwa trial.
As the head of court, Mlambo said he knew that Maumela was not fit to preside over the Meyiwa trial and was of the view that he should not be given work that would overwhelm him.
Mlambo said he felt it was imperative that he explains how Maumela ended up leading the proceedings.
“When matters come to the division, they don’t go to the trial roll, they go to the pre-trial roll and when they are in the pre-trial roll they are allocated to judges randomly. So this matter was allocated to judge Maumela to case manage until it was trial ready,” he said.
Mlambo said together with the Deputy Judge President (DJP), Aubrey Phago Ledwaba, they were informed by another judge that Maumela was the one who was managing the pre-trial.
“There’s a reason why he told us because we had to decide who we are going allocate to the trial. Me and the DJP agreed that he was not to do that trial.”
He said Maumela was informed that after he has completed the pre-trial proceedings, he should notify them and they will make an official decision regarding a suitable judge for the trial.
“That never happened, once he finished managing the matter, he decided to go straight and hear the evidence. By that time it was late, we couldn’t say but you shouldn’t have started this.”
Mlambo said he was embarrassed, he even received a call from Chief Justice Raymond Zondo telling him that Maumela was drinking tea during proceedings.
“I called him and he said he has a medical condition where he has to drink warm liquid all the time, that’s the reason he gave me.”
Mlambo said when they received a report about his medical condition, they decided that it was best to replace him.
‘’But he was never meant to hear that matter from day one...He had demonstrated to me as the head of court that he was prone to be incompetent. That’s why I continue to say he’s made himself guilty of gross incompetence,“ he said.
If found guilty, Maumela could face impeachment.
Maumela was suspended together with Nomonde Mngqibisa-Thusi.
Mngqibisa-Thusi has already appeared before the tribunal.
IOL