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The disciplinary ruling concerning former acting judge Mlungisi Sabela

Sabela’s delays had previously reached the Judicial Conduct Committee. In Poyo-Dlwati JP v Sabela AJ, JSC/1112/23, decided on 10 July 2024, Judge President Poyo-Dlwati complained of five judgments outstanding beyond six months despite reminders and undertakings.

Sabela told the committee at its October 2023 hearing that illness had prevented delivery, but that he had recovered and could complete the judgments. The committee found that the complaint did not meet the prima facie threshold for recommending a tribunal to investigate removal grounds. It also held that the removal process could not serve its purpose because his acting appointment had expired and he no longer held judicial office.

The outcome was a decision against recommending a tribunal, not a finding that the judgments had been delivered. The ruling concerns a 2022 acting appointment and does not identify Archary. It cannot be assumed to determine that case’s subsequent delay or explain its position in the 2026 report.

Ten judges associated with the oldest entries without recorded delivery

RankJudgeCourt of oldest entryCaseReservedDaysSource page
1Sabela AJDurban High CourtD10559/201723 June 20231,02522
2Singh AJCape Town Labour CourtC791/201830 June 20231,01829
3Ntshebe AJJohannesburg Labour CourtJR2721/176 July 20231,01234
4Coetzee AJCape Town Labour CourtC65/202113 September 202394329
5Mokose AJDurban Labour CourtD57/20207 February 202479631
6Malusi JMakhanda High CourtEL1712/202230 May 20246839
7Mchunu AJPietermaritzburg High Court8806/2024P and 9016/2024P12 June 202467020
8Timothy AJCape Town Labour CourtC253/2023 and C275/202125 June 202465729
9A Pillay AJDurban Labour CourtD1565/20189 July 202464331
10Thobane AJPretoria High CourtA242/2330 July 202462213
MeasurePretoriaJohannesburg
All reserved judgments, Term 4 of 2025313207
Reserved more than six months, Term 4 of 2025544
Reserved more than six months, Term 1 of 20265825
All reserved judgments, Term 2 of 2026386243
Reserved more than six months, Term 2 of 20266131
Over-six-month share of reserved stock, Term 4 of 202517.3%1.9%
Over-six-month share of reserved stock, Term 2 of 202615.8%12.8%
Term 2 overdue entries with a delivery date subsequently or otherwise annotated in that report3012
Term 2 overdue entries with no delivery date recorded in that report3119
Pretoria judgeListed overdue entries attributed individually or jointlyDelivery recordedNo delivery recorded
Hassim J826
Khumalo J716
Thobane AJ404
Mngqibisa-Thusi J633
Joubert AJ312
Molopa-Sethosa J202
Johannesburg judgeListed overdue entriesDelivery recordedNo delivery recorded
Joyner AJ615
Kumalo J404
Shangisa AJ303
Mohlala AJ303

Judge Mcedisi Patrick Kumalo and the delayed judgment complaints

Documentary position of the 301 older entriesEntries
Delivery date on or before 3 November 2026 recorded in at least one report237
Re-listed in Term 2 of 2026, without a delivery date in any of the three reports41
Absent from the Term 2 list, with delivery not established by any of the three reports22
Delivery annotation dated after 3 November 20261
Total301