A Judicial Conduct Tribunal in the Free State is probing whether Judge Lepona Joshua Lekale is incapacitated and unable to perform his duties [1].
The case highlights the challenges of judicial oversight and the process for removing judges who can no longer serve due to medical conditions. If the tribunal finds the judge is permanently incapacitated, it may trigger formal proceedings to vacate the seat to ensure the court remains functional.
The complaint alleges that Judge Lekale has not performed any judicial duties since 2018 [2]. This absence spans approximately six years [1]. The tribunal is set to resume hearings this week to determine the extent of the judge's incapacity [1].
According to the dossier, the primary cause for the absence is ongoing ill health [1]. Specific allegations include visual impairment that has prevented Judge Lekale from fulfilling his professional obligations [2].
Judge President Cagney Musi is involved in the proceedings as the tribunal examines the evidence regarding the judge's health status [1]. The process is designed to balance the rights of the judicial officer with the public's need for an efficient legal system.
The tribunal must determine if the health issues are temporary or permanent. Such a determination is critical because a judge who cannot work for six years [2] creates a significant backlog in the provincial legal system, a burden that falls on other members of the bench.
“Judge Lekale has not performed any judicial duties since 2018”
This proceeding underscores the tension between judicial tenure and physical capacity. In South Africa, judges are appointed for long terms, but the legal mechanism for removal due to incapacity is rigorous. A finding of incapacity would allow the state to appoint a replacement, reducing the judicial workload on the Free State province and ensuring that litigants do not face delays caused by an unfilled or inactive seat.
