JSC Recommends
Bloemfontein – The Judicial Service Commission (JSC) has taken a significant step in addressing concerns over judicial performance by recommending the establishment of a Judicial Conduct Tribunal to investigate a complaint against Judge LJ Lekale of the Free State Division of the High Court. The complaint, lodged by Judge President C Musi, centres on Judge Lekale’s failure to carry out his judicial duties for a continuous period of six years, attributed to ill-health. This decision, announced in a media statement on 28 October 2025, highlights the JSC’s commitment to upholding accountability and efficiency within South Africa’s judiciary.
The move comes amid broader discussions on judicial conduct and the need for timely resolution of such matters to maintain public trust in the courts. While details of Judge Lekale’s specific health challenges remain private, the case underscores the challenges faced by the legal system when long-term absences impact court operations, potentially leading to backlogs in case hearings.
The Complaint: Six Years of Non-Performance
The formal complaint was initiated on 31 January 2025, following observations of Judge Lekale’s ongoing inability to perform his judicial functions. Under section 14 of the Judicial Service Commission Act 9 of 1994 (JSC Act), Judge President Musi, as the head of the Free State High Court, lodged the grievance. This section allows for complaints against judges who fail to fulfil their roles, including due to health-related reasons that prevent them from working.
Judge Lekale, appointed to the bench on 1 January 2012, has a history of handling criminal appeals and other matters in the Free State Division. Notable judgments from his earlier tenure include cases like Nteleki v S in 2016, where he dealt with sentencing appeals, and Moshane v S, addressing evidence in assault trials. However, his absence reportedly began around 2019, leading to the six-year period cited in the complaint. This extended leave has raised questions about how such situations are managed, especially in a division already strained by high caseloads.
The JSC Act provides a framework for dealing with incapacity, ensuring that judges who cannot perform due to health are assessed fairly, but also that the judiciary remains functional. In cases like this, the focus is on whether the absence constitutes misconduct or if alternative arrangements, such as retirement on medical grounds, should be considered.
Processing the Complaint: From Referral to Recommendation
The complaint was handled in line with section 16(1)(a) of the JSC Act, which outlines procedures for initial assessment. It was referred to the Judicial Conduct Committee (JCC), a body responsible for evaluating whether a full investigation is warranted. The JCC, after reviewing the matter, held a meeting on 29 April 2025. Following a thorough determination, they recommended under section 16(2) that a Judicial Conduct Tribunal be set up to probe the allegations in detail.
This recommendation reflects the JCC’s view that the issue requires deeper scrutiny beyond preliminary checks. Tribunals in such cases typically examine medical evidence, the impact on court operations, and whether the judge’s condition allows for a return to duties. If found to involve gross incapacity or misconduct, outcomes can range from counselling to suspension or even impeachment by Parliament.
National Assembly’s Role and Final Resolution
The process then moved to higher levels of oversight. On 10 October 2025, the National Assembly – excluding provincial representatives – convened to consider the JCC’s recommendation. This step is crucial as it involves parliamentary input, ensuring transparency and separation of powers. The assembly, which plays a role in judicial appointments and removals, deliberated on the matter as part of its oversight functions.
Ultimately, the JSC resolved to uphold the recommendation, paving the way for the tribunal. This decision means a panel of judicial peers and possibly lay members will now investigate the complaint. The tribunal’s findings could influence Judge Lekale’s future on the bench, with potential recommendations to the President for removal if incapacity is confirmed as permanent.
Implications for Judicial Accountability and Health in the Workplace
This case brings to light important issues around health and performance in high-stakes professions like the judiciary. Prolonged absences due to ill-health can strain resources, leading to delays in justice delivery. In South Africa, where courts face backlogs – with some cases waiting years for resolution – such situations amplify the need for robust support systems, including mental health resources and clear protocols for medical leave.
Judge President Musi’s action in lodging the complaint demonstrates leadership in maintaining standards, even when it involves colleagues. It also aligns with ongoing reforms in the JSC to handle complaints more efficiently, following criticisms in past reports about delays in misconduct cases.
For Judge Lekale, the tribunal offers a formal platform to present his side, including medical documentation. If his health has improved, he might argue for reinstatement; otherwise, options like medical retirement could be explored to preserve dignity while addressing operational needs.
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