Judge Tshifhiwa Maumela will retain his position as the presiding judge over the high-profile Senzo Meyiwa murder trial, despite his recent suspension by President Cyril Ramaphosa.
Judge Maumela ‘not disqualified’ from presiding Senzo Meyiwa trial
The suspension, which was issued due to Maumela’s failure to deliver several reserved judgments within a reasonable timeframe, came after a recommendation from the Judicial Service Commission.
Although Maumela’s suspension has raised questions about his continued involvement in ongoing cases, including the Senzo Meyiwa trial, legal experts assert that his suspension does not automatically disqualify him from hearing these cases.
According to Zikhona Ndlebe, spokesperson for the judicial watchdog group Judges Matter, Maumela will only be replaced if exceptional circumstances arise that necessitate the appointment of another judge.
Should this occur, the trial would start afresh, requiring the presentation of evidence from the beginning, rendering the evidence presented before Maumela inadmissible.
The Senzo Meyiwa murder trial has experienced several setbacks and delays since its initiation, with five individuals accused of fatally shooting the former Bafana Bafana captain.
The most recent postponement was attributed to Maumela’s prolonged unavailability due to ill health.
The trial is set to resume on 17 July 2023.