‘Unprofessional conduct’ claims dog EC high court hopeful
It was a case of déjà vu for the Judicial Service Commission (JSC) as Thembekile Malusi was interviewed for the second time for a vacancy in the Eastern Cape divison of the high court.
East London attorney Malusi had been shortlisted for the same position last year‚ but concerns were raised during his interview then about how many judgments he had reserved as an acting judge that were still outstanding.
The JSC started interviewing a total of 21 candidates for six vacant judicial positions across the country on Monday in Cape Town.
This time‚ Malusi told the commission that he finalised his two outstanding reserved judgments on Tuesday - and he said that the timing was a mere "coincidence".
Commissioners raised concerns about the status of a complaint clients laid with the Law Society against Malusi.
Malusi said the complaint was "managerial" in nature and he could not update the commission on the status of the complaint because he was busy with a stint as an acting judge.
Chief Justice Mogoeng Mogoeng said: "So you don’t know whether you are in trouble or not. How then do we recommend you for appointment?"
He added: "It is not just management but it is about unprofessional conduct that your clients have raised against you…there is no use sugarcoating this…"
Commissioner Julius Malema‚ leader of the Economic Freedom Fighters‚ said that Malusi failed to take the suggestions of the commission at his last appearance to heart.
"Effectively‚ [the commission] said… take your time and don’t rush things. I thought you would be smart enough to say‚ [let me] take my time and go and excel in the profession‚" Malema said.
"You come across as very desperate. Here is a young man with a relatively good firm with truck companies that are doing well. Why would he want to be a judge?" Malema said.
Malusi said: "I am motivated by an aspiration to serve my country. To be on the bench and part of the judiciary is a service to your country."
He added that he believed all the issues raised previously had been "clarified".
- TMG Courts and Law, RDM News Wire
