CJ interviews: JSC errs in procedures, expunges record of sexual misconduct claims against Mlambo

CJ interviews: JSC errs in procedures, expunges record of sexual misconduct claims against Mlambo

The Judicial Service Commission (JSC) has ruled that the questions on alleged sexual misconduct posed to Chief Justice candidate Dunstan Mlambo must be expunged from the record.

Dunstan Mlambo Chief Justice interview February 2022

This is owing to a failure to forewarn Mlambo about the intention to raise the question about the allegations in his interview on Thursday.

 

The questions were also posed without the correct documentation being submitted to the committee.

 

Mlambo spent much of the first half of the day asked to respond to claims of sexual misconduct against him - though no evidence was provided of such claims outside of the rumour-mill. 

 

While Mlambo fielded all the questions, denying categorically he had committed any foul, he took issue with a breach in procedure on how the matter was brought up in the interviews.

 

SCA deputy president Xola Petse, who is presiding over the interviews, ruled the questions and his responses must be expunged from the record after a brief tea break.

 

“Questions were put to Judge President Mlambo about rumours doing rounds about allegations of sexual harassment made against him. Although Judge President elected to answer those allegations and in fact refuted them, given the fact that he was not forewarned that those rumours would be raised during his interview, coupled with the fact that we have nothing concrete by way of writing, it is my view that fairness we should not have regard to those rumours,” Petse said shaking his head.”

 

While the matter was raised in a matter that is not in line with the JSC procedures, Mlambo said he had heard the rumours before Thursday’s interview but believed it was a smear campaign to tarnish his bid for the position. 

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