Latest news with #R1.5-million
Daily Maverick
12-06-2025
- Business
- Daily Maverick
Drama, deals, disregard – how another 12,000 Nelson Mandela Bay ratepayers were denied a capital budget
In this second report in our series on wards in Nelson Mandela Bay receiving a zero capital budget, Ward 39 is a large residential area that includes suburbs and the peri-urban area of Theescombe. Some of its residents pay the highest rates in Nelson Mandela Bay, and yet its capital budget was reduced from R1.5m to nothing. When Nelson Mandela Bay Executive Mayor Babalwa Lobishe joined the residents of Ward 39 at their integrated development plan meeting, she presented them with the 2024 budget instead of the 2025/6 budget. In that 2024 budget, the ward had a capital budget of R1.5-million – but ward councillor Margaret de Andrade and her ward committee soon pointed out to Lobishe that she was presenting the wrong budget. 'I told her there is a zero under capital budget in the new budget,' De Andrade said. 'We received nothing but R100,000 for a humanitarian fund that is almost impossible to access.' The R1.5-millon referred to by Lobishe had, in any event, already been spent on resurfacing part of a crucial road, adding traffic calming measures and fixing a busy sidewalk. This is the second ward in the metro, with mostly ratepaying residents, whose budget has been cut to zero. Ward 8, covering Lorraine, a densely populated area, also had its capital budget reduced to zero. The Nelson Mandela Bay council was to meet for the third time on Thursday to try to pass the budget. But according to a letter seen by Daily Maverick, even the National Treasury has become worried about the numbers – the metro's collection rate is at 73% and the budget is based on a collection rate of 76%. This means that there is a shortfall of R1.3-billion. Grants totalling R900-million from the national government that could have been used for capital projects were returned unspent in the past two financial years. For the current financial year, the metro has only spent 38% of its R1.9-billion capital expenditure budget. While the four wards that received zero capital budgets are wards with Democratic Alliance councillors, De Andrade, who sits on the budget and treasury subcommittee, said many ANC councillors were unhappy with the budgets for their wards. 'Hugely disrespectful' De Andrade, who has been a councillor for 19 years, said she had not had to deal with a zero capital budget before. Water leaks, sewage spills and street lights can still, in theory, be fixed under operational budgets for the metro. 'I want a million rand,' she said. 'We have a track record of looking after a capital budget of a million rand. You can't give me zero.' She said they had asked for specific evidence for this decision. She said over the medium term, the situation didn't look much better as the ward would receive only R500,000 for the next financial year. 'That is just stupid. I can tar maybe 500 metres with it.' Below are the projects the ward presented to the municipality to be taken into account for the Integrated Development Plan and the budget: Walker Drive needs to be resurfaced as it is riddled with potholes; Riverstone Road needs an upgrade and drainage; there needs to be a taxi rank constructed for Kragga Kamma; the railing of the low water bridge in the Kabega Road dip should be fixed. Parts of the ward are in urgent need of high mast lights. A substation needs fencing. Kragga Kamma Road, which carries around 5,000 vehicles a day, needs pedestrian walkways and cycle tracks to cut down on accidents. Walker Drive needs a stormwater upgrade, and several gravel roads in the peri-urban areas need tarring. Trees growing into powerlines have to be cut and old electrical infrastructure must be replaced. The ward also has illegal cables running over busy Kragga Kamma Road that often set the area on fire. De Andrade also asked for this to be dealt with. 'I think our ratepayers accept that 80% of their rates go to other areas, but it is hugely disrespectful to give us no capital budget,' De Andrade said. She said that after receiving advice from a city official, she managed to get R500,000 in unspent money to cut trees before the end of the financial year. She said that as she had her meetings about the zero capital budget, acting city manager Ted Pillay had told her to agree to this budget so that 'they can get it through' as they needed the new electricity tariffs to be approved — they would then adjust the budget in August. The electricity department projects a loss of R1.3-billion for the coming year and needs rates to ensure that it doesn't default on its payments to Eskom. In the current financial year, the municipality has already spent R600-million more on purchasing electricity than it received from sales to the public. 'But I said no,' De Andrade said. 'Councillors are delaying the approval of the budget because we want to see the capital budgets in print before we vote.' Municipality's response Municipal director of communications Sithembiso Soyaya said a mistake had been made in presenting the wrong budget to Ward 39 residents. 'During engagements in Ward 39, it was brought to the municipality's attention that the previous year's budget figures may have been presented during an initial consultation session. This matter is currently under internal review, within the relevant framework, and corrective measures will be implemented to ensure such administrative oversights do not recur. 'The concern has been noted and considered during the revision of the draft budget, and the updated, corrected figures should be reflected in the final 2025/26 budget being presented to Council on Thursday. 'The municipality remains committed to ensuring that communities receive accurate, up-to-date information in all budget consultation processes. 'On the response by the city manager, we wish to clarify the context and emphasise that any amendment to the municipal budget must follow a legally compliant process, as provided for in Section 28 of the Municipal Finance Management Act, which allows for a formal adjustment budget to be adopted by council under defined conditions. 'No informal or arbitrary changes can be made outside this regulated process. The municipality upholds these legislative requirements and remains committed to full compliance with the law.
Daily Maverick
12-06-2025
- Business
- Daily Maverick
Justice delayed, justice derailed — acting judge's ‘litany of errors' in Nulane case dealt blow to accountability
An acting judge's misunderstanding of the law has, for two long years, delayed accountability for alleged State Capture. The high court judge's pronouncements unfairly embarrassed the National Prosecuting Authority (NPA) and demoralised courageous prosecutors fighting to restore faith in South Africa's justice system. Thankfully the Supreme Court of Appeal (SCA) has now set aside the Nulane judgment. Stingingly, the SCA found that 'the acquittal of the respondents was unfair to the prosecution and compromised the administration of justice'. Why is the Nulane case so important? In 2022, a mix of officials and businesspeople shuffled into a cold Bloemfontein dock, facing charges of orchestrating a R25-million fraud. With this, the NPA brought its first State Capture case to trial. Although R25-million was a pittance compared with what the Guptas would later purloin, Nulane was a dress rehearsal for the later schemes. The fraud itself appears glaringly obvious. In 2012, a Gupta-linked, foreign scrap metal company suddenly announced its intention to invest in an emerging farmers project in the Free State. Strangely, the foreign company insisted that a company it did not name must conduct a feasibility study first. Somehow, Nulane, owned by Iqbal Sharma, was appointed to that role. Evidence showed how Free State officials set about manipulating procurement processes to falsely and quickly appoint Nulane as a sole supplier. The feasibility study simply was outsourced to Deloitte for just R1.5-million. Nulane merely slapped its logo on the final report and sent invoices to the Department of Agriculture. The money went to Nulane and R19-million then ricocheted through various Gupta-controlled bank accounts before being siphoned off to Dubai. By the time the trial began, the Guptas had long fled South Africa. Smaller fish faced charges for PFMA breaches, fraud and money laundering. Despite evidence to the contrary, much of it common cause, the high court outright acquitted one of the accused and granted section 174 discharges to the rest. The high court declared that there was 'not an iota' of evidence to even answer. The acting judge excoriated both the prosecutors and police for presenting a 'lackadaisical' case. The documentary evidence amounted to 'zilch', the judge proclaimed. The investigation was a 'comedy of errors', a phrase the judge called 'the understatement of the millennia'. This insult warrants scrutiny. Did the acting judge mean that no investigations across thousands of years, from Meletus's inquiries into Socrates, were more incompetently conducted than Nulane? Or did she mean the singular noun millennium, thus restricting her comparison to all the other bad investigations since January 2000? Ironically, the high court's reasoning is now discredited on all these scores. The SCA judgment chronicles a litany of errors, misconceptions and misconstructions; some so basic as failing to apply the elements of fraud to the facts. As for the acting judge's finding that the documents proved 'zilch', the SCA found otherwise. The documents and money flows established a prima facie case of fraud and money laundering which the accused should have been called upon to answer. On 'zilch', the SCA remarked: 'The use of this colloquialism is unfortunate; it does not belong in a judgment.' Thank goodness the State appealed. The stakes were high not only because the acquittals were wrong but because the high court judgment undermined extradition efforts. The collapse of Nulane led to the Guptas walking free in Dubai. The judgment also destabilised case theories for prosecuting other State Capture crimes. The court's position on accomplice witnesses, best evidence, common purpose and section 174 discharges created ripple effects that reverberate today. It is heard tell that the high court's errors emboldened magistrates in Free State courts to discharge other financial crime suspects with alarming ease. When cases are lost, criticism of prosecutors is often merciless. Media outlets joined the chorus of social media condemnation. The otherwise astute investigative journalism platform amaBhungane released a video suggesting that Nulane prosecutors lacked sufficient skills for what should have been a slam-dunk case. Legal reporting guru Karyn Maughan proclaimed that the acting judge 'was absolutely justified in describing it as a comedy of errors'. Maughan said she would be 'absolutely amazed' if the State succeeded in its appeal application. It will be amazing to see an apology to the vilified prosecutors and SAPS investigator. The media's ridicule compounded what was an intensely demoralising experience for NPA advocates Witbooi and Serunye and SAPS investigator Lieutenant Colonel Mandla Mtolo. How they managed to persevere despite such unfair criticism is hard to imagine. Of course every prosecution can be improved. But it was the fact that the judge had 'closed her mind to the evidence adduced by the State' that really prevented the NPA from advancing the State's case, as the SCA noted. The NPA's resilience deserves praise. In this instance, the real issue lies not with prosecutors but with wiser case allocation. State Capture cases cannot be entrusted to judges susceptible to their own 'comedy of errors'. The NPA chief, advocate Shamila Batohi, has herself implored heads of court to appoint experienced judges to seminal matters. A similar hint rang out in Bloemfontein's quaintly dilapidated SCA courtroom B when State counsel, Nazeer Cassim SC, remarked that high-stakes cases should be assigned to judges capable of navigating complex legal terrain. It was acting SCA Justice Cagney Musi (also Free State Judge President) who assigned the Nulane case to the acting judge who so badly mishandled it. As Justice Musi pored over his division's work, he must have regretted his decision. Wayward acquittals are a danger. They imperil South Africa's fragile hope of salvaging itself from ruin. Without the credible prospect of prison, South Africa's kleptocracy will only expand until the justice system is nothing but a laughable, hollow threat. One can only but agree with the SCA's finding that the way the high court trial was conducted 'can be summed up in a single sentence: This was a failure of justice. Regrettably, this erodes public confidence in the criminal justice system.' This critique is not about singling out a judge any more than a judge singled out police and prosecutors. Rather, Nulane serves as a lesson in how mistaken opinions, judicial and public, can delay accountability and demoralise those tasked with wielding justice on society's behalf. Nulane also forces us to confront larger questions. 'How many other Nulane judgments are out there?' This is a troubling question. Much like the temperature this week, the standard of acting appointments has, by all accounts, been plummeting for some time. This phenomenon is so noticeable, it has crept into techniques of civil litigation. No matter how strong a party's case may be, many are induced to take a puny settlement rather than risk the potluck of the court roll. Yet this should not be so. High court trials carry huge social stakes. They're not a CCMA con-arb or housebreaking case. It's all very well to develop lawyers or magistrates by gifting them an acting stint. However, acting judges still need to be drawn from an intellectual and professional elite. A deep, nonracial strata of legal excellence exists in South Africa. Many inspired acting appointments are routinely made and these represent the breadth of legal talent in South Africa, so this is not a 'transformation' issue. The problem is the almost back-of-the-envelope selection of adjudicators we see sometimes. The 'proletarianisation' of the Bench is a threat to the state's legitimacy. The goals of inclusion and professional development must be tempered by a primary duty to select judges capable of deciding cases competently. This is the essence of the 'fair public hearing' promise the Constitution contains. It is especially hard for poor and already marginalised litigants to fix the damage made by learner-judges on appeal. As things stand though, NPA prosecutors have been vindicated by the SCA. Nulane also teaches judges and commentators alike to be less star-struck by defence counsel and their adamant speeches and charming tutelage. A careful examination of the record, not only snippets of the argument or judgment, will often reveal that less-flamboyant career prosecutors have indeed made out a case, at least to warrant the accused mounting a defence. Shakespeare's Hamlet lamented the law's delay and the insolence of office. Thankfully, the SCA has set matters right, for now. The NPA can do better but so can the judiciary. South Africa cannot afford further derailments in its pursuit of justice against the greedy stokers of our ruin. DM
The Citizen
10-06-2025
- General
- The Citizen
Sluggish repairs at estate and poor service delivery slammed
The Woodlands Homeowners Association has criticised Tshwane for its sluggish response in addressing water leaks in the area. This comes after a water leak persisted at Rockwood within the Woodlands Lifestyle Estate in Moreleta Park, being unrepaired for months. The association claims it initially reported the leak in February and it was only fixed in June after thousands of litres of clean water were wasted and the significant damage to the surface had been casued. Estelle du Plessis from the association said despite multiple reports and follow-ups, the matter was only resolved last Sunday. She said the leak was first reported on February 26. Since then, multiple follow-ups have been made. 'This issue has become critical, not only due to the wastage of water but also due to the damage it was causing to the infrastructure and the property affected.' She said the continuous flow of water has rendered the driveway of the affected residence unusable, with paving lifting and the entrance obstructed. Du Plessis said according to the owner of the property where the leak occurred, the repair was done in a manner that has already had negative consequences and could lead to future issues. 'There will be reduced water pressure as a 50mm pipe was replaced with a 25mm pipe, which has significantly reduced water pressure for surrounding residents.' She said the wrong type of material was used for the repair, which may not be suitable for long-term or high-pressure use. 'The hole was closed in such a way that when the owner eventually redoes their driveway or paving, it is very likely that the pipe will be damaged again, potentially causing another leak. We recommend that the city address the issues proactively to prevent further inconvenience and cost down the line.' Du Plessis said furthermore, the association recently invested over R1.5-million, sourced from residents' levies, to resurface the estate's roads, which fall under the responsibility of Tshwane. She explained the new road surface has been significantly compromised due to the continuous water leak, and the necessary road markings could not be completezbecause the surface remains wet. 'This is particularly frustrating, considering that these roads were not maintained by the municipality for over 25 years and residents are paying increasing rates and taxes without receiving basic services in return.' She said residents have also taken it upon themselves to maintain the streetlights due to the city's ongoing neglect and failure to respond to service requests. Du Plessis explained that just days after the leak at Rockwood was repaired, water was still seeping from the pipe, forcing them to log new service calls with Tshwane. 'The maintenance team did return, but they used the wrong size pipes to patch the leak, which has now resulted in significantly reduced water pressure for residents,' she said. 'We are once again struggling to get the city to come back and fix their mistake.' She added that another water leak from a fire hydrant in Feverwood was reported, but despite logging the issue days ago, no one from the city has arrived to fix it. 'I suppose we will have to wait another three months before they get around to it,' she said. She said the turnaround time for Tshwane is just not encouraging. 'Our ward councillor really tries her best to help in escalating and getting the issues repaired, but the metro's slow response is very worrying.' Tshwane, however, claimed that the leak at Rockwood was not reported in February. 'It is not true that the leak was reported in February. Our records reflect a different date, which forms part of the city's huge backlog on water leaks,' said metro spokesperson Lindela Mashigo. Mashigo said the city's team of plumbers is doing all it possibly can to reduce the backlog. 'In the interim, the city is prioritising major water leaks to prevent excessive water loss and the strain it puts on our water resources.' Mashigo said all reported issues at Woodlands will be attended to. He said in terms of any damages caused by the long-standing leak, the client can claim damages from the city. 'Delictual claims (claims focusing on compensation for injured parties who suffer as a result of another party's wrongful act) must be supported by proof of all delictual elements. Submission of a claim does not mean it is going to be paid, as it must be assessed legally. Claims must be submitted within six months as prescribed by Act 40 of 2002.' Mashigo said the city's third-party claim form can be obtained on the city's website and at Tshwane House, Ground Floor, Room GL36. Email submissions are accepted. He said the affected customer is advised to complete the attached form and either hand deliver it at Tshwane House or send an email to claims@ Mashigo concluded that the city is striving to attend to all service delivery issues. Do you have more information about the story? Please send us an email to bennittb@ or phone us on 083 625 4114. For free breaking and community news, visit Rekord's websites: Rekord East For more news and interesting articles, like Rekord on Facebook, follow us on Twitter or Instagram or TikTok. At Caxton, we employ humans to generate daily fresh news, not AI intervention. Happy reading! Stay in the know. Download the Caxton Local News Network App Stay in the know. Download the Caxton Local News Network App here
Daily Maverick
08-06-2025
- Politics
- Daily Maverick
Helen Zille eyes Joburg mayorship after DA's top picks decline post
Zille told Daily Maverick that she would decide whether to apply to run for Johannesburg mayor by next week, as candidates who want to be considered have an application deadline of 15 June. DA federal chair Helen Zille is seriously considering a dramatic return to frontline politics as Johannesburg mayor. This comes after three high-profile candidates, most from business, turned down the party's approach to throw their hats into the ring to lead the party's Johannesburg campaign. The job was too hard-charging and the pay too low – mayors earn about R1.5-million a year. The local government election will happen in either late 2026 or early 2027. Zille told Daily Maverick that she would decide whether to apply by next week, as candidates who want to be considered have an application deadline of 15 June. 'My whole family is in Cape Town,' she said, adding that her greatest joy now is seeing her grandchildren regularly and that they had a weekly adventure date. 'My husband (retired sociologist Professor Johann Maree) has always been unbelievably supportive. He supports what I decide, but won't come (to Johannesburg).' She said Maree, now 82, was happily settled in their retirement village and that if she decided to run and were successful, they would remain in touch daily. Her sons Paul and Thomas live nearby. 'My family says it's my decision.' A close associate said Zille had been troubled by the state of Johannesburg since about 2019, when she realised that most traffic lights did not work. Since last year's election, she has spent much time in Gauteng planning the party's local government campaign here and had a front-row seat to what distresses the City of Gold and its six million people. Her sister lives in Emmarentia, an old near-northern suburb often with no water or electricity due to the city's regular outages. She said that should she run, she would live with her sister in her cottage. A mayoral candidate must be a resident of the city. Several DA councillors plan to contest the party primary. They must submit a formal application, undergo a screening test and prepare a presentation on their plan for the city. This presentation is made to a group of 15 party leaders, five each from the Johannesburg, provincial, and federal executives. They are also asked unscripted questions. Asked if a race would be moot should she decide to run, Zille said, ' Not at all.' She said formidable candidates were running. A senior official who spoke off the record said Johannesburg is 'so far gone' that the party felt it needed a high-velocity candidate, as the DA has a strong chance of winning the city. An ANC-led coalition holds a slim majority in the city with the EFF, Patriotic Alliance and Action SA. Johannesburg has been under soft intervention by the Presidency since March. Its collapse has become visceral with multiday power and water outages so regular they barely make the news. Thousands of traffic lights are out at any time and potholes are so large they have become dongas and memes. Zille previously told Daily Maverick that it would take about five years to turn the city around, but she says that was an undercount. 'It will take more than five years (now) to stop the rot and turn the tide.' She noted Johannesburg had an infrastructure backlog of R200-billion and an annual budget of R86-billion. She said the city's staff complement had grown by 86% since 2010. Asked what Zille had going for her for the task, the official said she had turned Cape Town around as urban blight slowly settled in around 2006, when she became that city's mayor. Recently, she headed the party's governance unit, which worked with councillors and representatives when they entered government. Mostly, he said, whether they liked her or not, Zille enjoyed trust in her ability to govern. This graphic shows the job description that the DA set for candidates. DM Slice of political life (part satire) The Zillenator – the coalition queen sets her sights on Joburg – here's what to expect By Marianne Thamm (Trigger warning: dead sheep and stunned mice) News that former Cape Town Metro executive mayor, Democratic Alliance leader and the party's current Fedex chair since 2019, Helen Zille, is about to 'throw her hat in the ring' to lead Joburg comes as no surprise. The Afrikaans Sunday platform, Rapport, let the Zille out of the bag at the weekend, breaking the news that the veteran politician had been 'approached to run'. It was Zille in the mid-2000s who held together a fragile and fractious six-party coalition of minor parties as executive mayor of Cape Town while her government faced a hostile ANC which, in opposition, unleashed death by legal challenge. With a background in provincial and national legislatures, Zille also came with made-in-Germany batteries that seemed to be self-charging, as she warded off each challenge, going on to win award after award. Soon she was Queen of the Western Cape, like it or not. Dragging and roasting Anyone who is hoping to run against Zille, in this, the next hill in the comrades marathon that has been her political career, must arm themselves with her tactics and novel approach to bouncing back. This includes the recent Showmax special, Calamitous Caucus of Clowns – The Roast of Helen Zille, during which everyone on stage appeared to be straightjacketed by a script which sucked all spontaneity out of the room. But worth a watch, anyhow. Earlier in the year, Zille made an appearance as Zille Von Teez in full drag on the Tollie en Manila Show, also on Showmax. Zille might and could very well just stay in drag and go out and campaign… she's that good, say those in the know. Zille on the campaign trail, even in her sixties and now at 74, knows exactly what works for which constituency, including which soundtrack to play while choreographing her own dance moves. Zille can probably do a Zulu warrior kick while posting on social media and reach higher than PJ Powers. The three previous occasions that Zille offered to 'throw her hat in the ring', she won. First to lead the Cape Metro (2006-2009) as executive mayor, then the DA itself (2007-2015) while simultaneously being elected as premier of the Western Cape (2009-2019). This is an indication of Zille's unwaning political stamina and clout, whatever your views of her ways und means. They're eating the sheep In 2016, Zille published her autobiography, Not Without A Fight (say it out loud in your head in her voice), weighing in at a hefty 700 or so pages. There she documents her impressive, life-long activism in townships in and around Cape Town, where she has survived being shot at, shouted at, being arrested… the usual. Seen it all. At about this time, Zille writes: 'I should stress that my constituency work involved much more than regular visits to police stations and courts (and dodging the occasional bullet)'. She recalls that 'I was also called on to provide ambulance services from time to time, sometimes in the dead of night. At times, I transported some interesting passengers… 'Every time we had a branch launch, we would buy a live sheep, which I would fetch in my car. 'The animal would sit meekly in the back, looking out of the window as if it was enjoying the view. It gave me an insight into the English idiom that compares a calm, unwitting walk into disaster with 'a lamb being led to the slaughter'.' Zille says that during the drive, she would bond with each sheep and 'felt deeply guilty every time I dropped it off at the party venue'. Say what? You didn't stay for the tjoppies? The mouse and other tails For some time now, I have been wandering on and off stages across the country, in restaurants, bars and festivals with a piece of 'performance journalism' titled, Round of Applause – South Africa Still Standing. I have turned into a bit of roving, three-dimensional, human newspaper, a town crier of sorts, celebrating SA's victory over State Capture and the role of the media, judiciary, whistle-blowers and others while catching up with the latest news. Zille has, since 2023, when I first followed this calling, grown into a fulcrum around which some of the funniest moments of the show revolve. One of the other centrepieces (and this is a retelling audiences have demanded not be shelved, as of yet) is an incident with a mouse that I witnessed with my own Putin-blue eyes while Zille was touring Julius Malema's hood, Seshego, in Limpopo in 2011. I will not let the mouse out of the bellbottom here (so to speak), but let's just say the incident is indicative of the stamina and discipline of Helen Zille when she is on a mission. The Government of National Unity was pulled together during a 10-minute comfort break, requested by Floyd Shivambu (still then dressed in red) while new MPs were being sworn in after the 2024 elections, enabling Zille and the ANC (and others) to sign a Memorandum of Agreement that had been left hanging. And voila, we have our Republiek van Alle Kante with Baie Kante in Die Parliament. Since the rugby incident, I take it no translation is required. Of the future political horizon in Joburg, where Zille has set her sights, all we can say is beware of the politician in drag who comes bearing sheep. DM
Daily Maverick
01-06-2025
- Politics
- Daily Maverick
Judge's sexual harassment hearing pits the old guard against a brave new world
The prolonged Judicial Conduct Tribunal probe into a complaint of sexual harassment lodged against Eastern Cape Judge President Selby Mbenenge (64) is drawing to a close. Gender expert Dr Lisa Vetten is expected to give evidence on the nature of the power dynamics in this case on 20 June. The complainant, Andiswa Mengo (41), worked as a judge's secretary in the division. It took three years for the complaint to reach the tribunal. In June 2023, a preliminary Judicial Conduct Committee hearing found a prima facie case of gross judicial misconduct and recommended the appointment of the tribunal. The tribunal's chairperson, retired Judge Bernard Ngoepe, has made no secret of his need to fully understand the new language of texts and emojis and its subtexts of bananas, eggplants, dripping syringes and ripe peaches. Ngoepe has not been shy about asking how this modern technology all works. In so doing, he has also educated many of those watching the hearings livestreamed on several platforms who are lay users and need just as much educating. At first Ngoepe was of the opinion the hearings should not be public because they would tarnish the image of the judiciary, but the opposite is true. He also has to determine whether the relationship could have been consensual, as alleged by Mbenenge, who has admitted to the relationship but denied many of the allegations. The advocacy project Judges Matter has been at the forefront of documenting each step of the process and also set out what Ngoepe's options might be. Judges found guilty of misconduct face a range of potential outcomes, from minor corrective measures to impeachment. This is what happened to former Western Cape judge president John Hlophe, who was impeached in March 2024. The tribunal had ordered 'drunk driving' former judge Nkola Matata, who was also impeached at the same time as Hlophe, to pay a R1.5-million fine. According to Judges Matter, for less serious offences, punishments might include 'an apology, reprimand or corrective training, with the judge potentially paying for these measures'. A gross misconduct finding could lead to impeachment with the Judicial Service Commission recommending removal from office, requiring a two-thirds vote by the National Assembly. Clash of wor(l)ds Mbenenge's team of legal heavyweights, advocates Muzi Sikhakhane and Griffiths Madonsela, are old-style patriarchs who might view the entire matter as 'woke', but they are up against an equally pugnacious team. This includes the evidence leader, advocate Salomé Scheepers, and Mengo's counsel, advocate Nasreen Rajab-Budlender. What has played out at the tribunal since it kicked off in January is a microcosm of the greater clash between the old and the new, including the law and language and 'culture' itself. What has also been highlighted is the kind of professional conduct that is legislated and enforceable in the public workplace in South Africa. Some of the women who have testified and appear to have 'thrown' the male old guard include legal forensic linguist Dr Zakeera Docrat. She gave expert testimony with regard to the context of the WhatsApp messages between Mbenenge and Mengo, and the meaning of a range of emojis. The old boys had no idea whom they were dealing with and seemed startled to learn quite late into Docrat's testimony that she speaks, reads and understands isiXhosa. She had made no attempt to show this off. Then these guys wanted to know her 'route' to this 'legal forensic linguist' qualification. Where did she get this qualification? What is it actually? And so forth. Docrat had nothing to prove and rattled off her illustrious academic career, which includes the goal of ensuring justice is attainable for speakers of all 12 languages in South Africa. What to do? Sikhakhane and Madonsela objected to Vetten's late addition as an expert gender witness, claiming this was irrelevant and that the matter was too far down the line for new arguments. Ngoepe, aware that all eyes are on him and that the new territory here may make many feel out of their depth, allowed Vetten's evidence to be heard. The entire tribunal and the public nature of the hearing has highlighted the issue of sexual harassment of women in the workplace. But was Mbenenge's conduct so gross that it warrants impeachment? Mbenenge, as Judges Matter has noted, 'is highly regarded as a senior lawyer. As judge president, he is credited with transforming the Eastern Cape High Court division through unifying the disparate seats and attracting some of South Africa's finest legal minds to serve as judges of that court'. Mbenenge is the second-most senior judge president and the sixth-most senior judge in judicial leadership in South Africa. This is the first major case of sexual harassment to reach the formal complaints process of the Judicial Service Commission and the first time a judge is being formally investigated by a tribunal for sexual harassment. DM This story first appeared in our weekly Daily Maverick 168 newspaper, which is available countrywide for R35.
