GROSS MISCONDUCT COMPLAINTS AGAINST MLAMBO JP AND WAGLAY JP MADE TO THE JUDICIAL CONDUCT COMMITTEE OF THE JUDICIAL SERVICE COMMISSION

July 2024

Against MLAMBO JP

Against WAGLAY JP

CORRESPONDENCE

Brink's letter of 29 November 2019 to Chief Justice Mogoeng Mogoeng about his JCC's failure to have decided the extraordinarily serious complaints, delivered by courier on 4 December 2019.

JSC secretary Sello Chiloane responded by calling after hours at 8.33 pm on 18 February 2020, urgently requesting copies of the complaints for immediate submission and consideration; ascribing the long delay in deciding them to the illness, incapacity and death of the JSC's former secretary; and stating that it remained open as to what section of the Judicial Service Commission Act the complaints against Mlambo JP would be handled under. Copies immediately supplied in PDF via Dropbox link.

On 18 August 2020, six silent months later and no further action taken, Brink writes a follow-up letter to Chiloane, which he ignores.

On 29 November 2020, after three more silent months, Brink writes to Deputy Chief Justice Raymond Zondo -- which, it turns out, the courier failed to deliver (until February; see below), so Brink writes another letter to Zondo DCJ on 31 January 2021, covering a copy of the first, explaining the delivery problem, extending the deadline for action, and reiterating the consequences if disregarded.

On 17 February 2021, Judiciary spokesperson Nathi Mncube acknowledges receipt on 11 February 2021 of Brink's first letter to Zondo DCJ in November 2020 (which enclosed a copy of Brink's letter to Mogoeng CJ in November 2019), and provides email addresses for use in correspondence with Mogoeng CJ and Zondo DCJ.

On 25 February 2021, Brink reports to Mogoeng CJ his meeting on the 22nd with former President Jacob Zuma at his house at Nkandla to discuss his gross misconduct complaints against Mlambo JP and the JSC's failure to prosecute them.

PAIA REQUEST AND APPLICATION TO COMPEL

A request for JSC records emailed 30 September 2021, ignored and deemed refused under section 27 of PAIA.

An application to the High Court to compel compliance with the request, served on 21 April 2022, and answered in July in partial belated compliance with the request. The case is pending.