Regard must be had to the higher standard of conduct expected from public officials, and the number of falsehoods that have been put forward by the Public Protector in the course of the litigation. This conduct included the numerous “misstatements”, like misrepresenting, under oath, her reliance on evidence of economic experts in drawing up the report, failing to provide a complete record, ordered and indexed, so that the contents thereof could be determined, failing to disclose material meetings and then obfuscating the reasons for them and the reasons why they had not been previously disclosed, and generally failing to provide the court with a frank and candid account of her conduct in preparing the report. The punitive aspect of the costs order therefore stands.
CHAMBERS OF Constitution Hill
JUSTICE D MOSENEKE Private Bag X1
DEPUTY CHIEF JUSTICE OF SOUTH AFRICA BRAAMFONTEIN
E Mail: email@example.com
Monday 15 August 2011
Yesterday the South African Broadcasting Corporation reported that in my address to the annual conference of the South African Chapter of the International Association of Women judges at North West University I said almost 90% of South Africa’s courts have not delivered judgment on cases before them.
That report is inaccurate.
I stressed to the judges and magistrates who attended the conference that the delay in the finalisation of cases may lead to injustice and that judges and magistrates are duty-bound to deliver judgments promptly. I added that almost 90% of complaints against judicial officers relate to judgments that had not been delivered promptly.
Clearly this does not mean that “almost 90% of South African Courts have not delivered judgment on cases before them.”
This inaccuracy in reporting is to be regretted because firstly the SABC appeared to televise the entire address and more importantly, by and large, Courts of this country do their work diligently and as promptly as it is reasonably possible.
Issued by: Dikgang Moseneke
Deputy Chief JusticeBACK TO TOP