A Judicial Conduct Tribunal is considering whether a Free State Judge may remain on the Bench after a lengthy eight years of sick leave on full benefits – without doing a day’s work – while expecting to miraculously regain his sight.
Additionally, reports GroundUp, the taxpayer has been coughing up more than R500 000 a year for his state-subsidised Mercedes Benz, its services, fuel and toll fees, and he’s even managed to swop the vehicle for a newer model while he’s been too ill to work – and rack up considerable mileage, despite being diagnosed as legally blind.
A Judicial Conduct Tribunal heard last week that Judge Lepona Joshua Lekale (62), who has earned a full judge’s salary and benefits for eight years without performing any duties, had only served six years before going on sick leave in 2018. He has since submitted a slew of sick notes for diabetes-related illnesses, resulted in a leg amputation and vision loss, a condition an ophthalmologist in July 2024 described as “end stage”, diagnosing him as permanently legally blind.
However, he refused to apply for medical boarding, claiming a traditional healer had warned it would incur the wrath of his ancestors and he would never regain his sight, which he believed could return “even tomorrow”.
The tribunal, chaired by retired Supreme Court of Appeal Deputy President Xola Petse, assisted by retired Judge Irma Schoeman and Advocate Lesego Montsho-Moloisane, is probing a complaint laid by Free State Judge President Cagney Musi that Lekale is suffering from incapacity, which could lead to his impeachment.
Lekale, who is representing himself, attempted to have the proceedings held behind closed doors, saying it was a “personal” matter.
However, after submissions by media houses and Judges Matter, Petse said the hearing would be public: “He (Lekale) does not want his medical condition to be laid bare for all and sundry to know the nature of his illness … but the media have satisfied the threshold that the proceedings are of public interest and should be held openly to protect the … integrity of the judiciary.”
Advocate Megan Blows led the evidence of Musi, taking him through dozens of medical certificates submitted by Lekae over the eight-year period, starting in June 2018.
“As we speak he is still on sick leave,” Musi said.
The certificates showed a progressive deterioration in his condition. Many were issued by the same ophthalmologist who would constantly advise that he “may” be able to resume duties, usually on a date which coincided with recess periods.
“It is with a great and deep sense of sadness that I lodged the complaint against him because I have worked well with him. But this situation will continue unless something is done,” said Musi.
While Lekale was earning his salary, an acting judge had to be appointed to do his job.
“The test of whether his conduct has impacted public trust and respect for the judiciary is an objective one that must be judged through the eyes of a reasonable person,” said Musi. “He has been on sick leave for eight years, he has been paid and an acting judge has been earning a similar salary.”
He said he had written to two successive Justice Ministers about the “untenable” situation which may lead to “embarrassment”.
He had also spoken to Lekale about applying for medical boarding but he had refused, on the advice of the traditional healer who told him his ancestors would be angry, and that he would get his sight back as long as he remained in office.
“It is his belief … It’s irreconcilable. On the one hand you have a diagnosis by a specialist in the field. On the other, you have what he believes to be true from a traditional healer,” the Judge President said.
Musi said he had sought advice from (retired) Chief Justice Raymond Zondo, who suggested he try to find an amicable solution, and later from Chief Justice Mandisa Maya.
She advised him to lay the complaint with the Judicial Service Commission, which he did in January 2025.
He said there was no medical indication that Lekale would be able to see again.
“But the traditional healer gave him hope, even that he may see again the very next day.”
Lekale asked Musi. “If I were to recover and go back to work, would you accept me?” Musi said, yes, that he had been a good judge.
The hearing will continue.
GroundUp article – Judge has been on sick leave for eight years (Creative Commons Licence)
See more from MedicalBrief archives:
Plague of ‘useless’ sick notes impeding judicial processes
Why the courts are sceptical about sick notes
Regulations address sick notes issued by traditional healers