Confusion surrounded the whereabouts of an Eastern Cape judge yesterday after officials were left in the lurch waiting for him to arrive in court.
State advocate Zukile Mdolomba and defence attorney Hendrik Erasmus, along with an interpreter and stenographer, spent hours yesterday morning waiting for Judge Lusindiso Pakade to arrive to hear a case.
The East London High Court was meant to hear the rape and murder case of Sakhumzi Mhlamvana, a matter set down for the whole week.
After waiting for hours, a call was made and the officials were told that Pakade had resigned.
The officials then waited until Acting Judge President Dawid van Zyl arrived and postponed the matter until September 12. A new judge will now have to be allocated to preside over the case.
It is understood that even Mthatha’s Deputy Judge President, Zamani Nhlangulela, did not know Pakade was leaving.
However, speaking to the Dispatch yesterday Pakade, 68, said he had not resigned but had in fact retired after 15 years on the bench.
“My last day of duty was August 31. All the top people knew, the JP and CJ (Judge President Themba Sangoni and Chief Justice Mogoeng Mogoeng) both knew,” Pakade said.
“I did not know about the matter in East London today (yesterday). I left in the middle of the term and proper arrangements should have been made for the case because the JP knew I was leaving,” he added.
He said he was not sure whether Nhlangulela had been told by Sangoni. He said he only had one partly heard matter which he would finish and one reserved judgment to deliver. “It would be unfair on the parties for the case to be started afresh by another judge,” Pakade said.
National Association of Democratic Lawyers (Nadel) president and co-chairperson of the Law Society of South Africa (LSSA), Mvuzo Notyesi yesterday expressed disappointment at Pakade’s “sudden” departure.
“I am not saying he did not tell the judiciary, but he did not give members of the profession any notice,” Notyesi said.
Black Lawyers’ Association provincial president Bayethe Maswazi said: “We wish him well. We did not know and we would have liked him to inform the legal fraternity.”
Vuyani Msindo of the Transkei Attorney’s Association said he could not comment as he was unaware of the retirement.
A response to Dispatch questions from the office of the Chief Justice said Pakade informed the Minister of Justice and Correctional Services of his request to be discharged as he had reached the age of 65.
“The President, acting in terms of the provisions of the Judges Remuneration and Conditions of Service Act, 2001 duly granted his request,” it said. — siyab@dispatch.co.za
Confusion as judge retires ‘suddenly’
State advocate Zukile Mdolomba and defence attorney Hendrik Erasmus, along with an interpreter and stenographer, spent hours yesterday morning waiting for Judge Lusindiso Pakade to arrive to hear a case.
The East London High Court was meant to hear the rape and murder case of Sakhumzi Mhlamvana, a matter set down for the whole week.
After waiting for hours, a call was made and the officials were told that Pakade had resigned.
The officials then waited until Acting Judge President Dawid van Zyl arrived and postponed the matter until September 12. A new judge will now have to be allocated to preside over the case.
It is understood that even Mthatha’s Deputy Judge President, Zamani Nhlangulela, did not know Pakade was leaving.
However, speaking to the Dispatch yesterday Pakade, 68, said he had not resigned but had in fact retired after 15 years on the bench.
“My last day of duty was August 31. All the top people knew, the JP and CJ (Judge President Themba Sangoni and Chief Justice Mogoeng Mogoeng) both knew,” Pakade said.
“I did not know about the matter in East London today (yesterday). I left in the middle of the term and proper arrangements should have been made for the case because the JP knew I was leaving,” he added.
He said he was not sure whether Nhlangulela had been told by Sangoni. He said he only had one partly heard matter which he would finish and one reserved judgment to deliver. “It would be unfair on the parties for the case to be started afresh by another judge,” Pakade said.
National Association of Democratic Lawyers (Nadel) president and co-chairperson of the Law Society of South Africa (LSSA), Mvuzo Notyesi yesterday expressed disappointment at Pakade’s “sudden” departure.
“I am not saying he did not tell the judiciary, but he did not give members of the profession any notice,” Notyesi said.
Black Lawyers’ Association provincial president Bayethe Maswazi said: “We wish him well. We did not know and we would have liked him to inform the legal fraternity.”
Vuyani Msindo of the Transkei Attorney’s Association said he could not comment as he was unaware of the retirement.
A response to Dispatch questions from the office of the Chief Justice said Pakade informed the Minister of Justice and Correctional Services of his request to be discharged as he had reached the age of 65.
“The President, acting in terms of the provisions of the Judges Remuneration and Conditions of Service Act, 2001 duly granted his request,” it said. — siyab@dispatch.co.za
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