Gauteng High Court, Pretoria, Judge Letty Molopa-Sethosa is facing a Judicial Conduct Tribunal and potential impeachment proceedings following her long delay in delivering reasons for a 2023 ruling.
The matter involved an unlawful arrest case, and the delay in delivering her reasons left the litigants unable to proceed with their case. The Tribunal still needs to be appointed by Chief Justice Mandisa Maya in terms of the JSC Act.
Judicial watchdog group, Judges Matter, impacted the complaints against Molopa-Sethosa by Sanet Bruton, a party to the matter that the judge had adjudicated.
It said the matter is rooted in the events of 2008, when Bruton and her father were unlawfully arrested by the police.
They instituted a civil action in 2011 against the Minister of Police, who defended it on various grounds. The matter was ready for trial in 2013 and was allocated to Judge Molopa-Sethosa.
The trial on the merits began in October 2013 and, delayed by repeated postponements, ran until October 14, 2022, when the judge heard the final argument and reserved judgment.
Judges Matter explained that almost 10 months later, in August 2023, the judge issued an order without providing reasons.
The minister’s attorneys requested written reasons, but none were provided until April this year. This left the complainant’s case in limbo, which prejudiced both parties – the minister could not appeal without the reasons, and the complainant could not move on to the quantum phase.
“As a result, litigation that began in 2011 remains far from resolved. In total, it took the respondent (the judge) more than three years and five months to furnish reasons for her decision on the merits,” Judges Matter said.
In Judge Molopa-Sethosa’s response to the complaint, despite pointing out that the trial record was “huge”, she acknowledged that she was at fault for not finishing in a reasonable time.
Despite several reminders, the judge noted that the matter “slipped through the cracks” due to her high workload in the Gauteng Division.
Retired Justice Chris Jafta, sitting as the judicial conduct inquiry, meanwhile recommended that Judge Molopa-Sethosa face a disciplinary tribunal. Justice Jafta classified Bruton’s complaint as one that, if proven, would constitute gross incompetence or gross misconduct.
The complainant, meanwhile, attempted to withdraw the complaint, but the committee ruled that this had no legal effect, as it alone holds authority to process complaints.
The purpose of this is to protect the judiciary’s integrity, not merely individual litigants’ interests, Judges Matter explained. The Judicial Conduct Tribunal is now set to probe the matter further.
