A Free State High Court judge who has been on sick leave for more than eight years is refusing to abandon his belief that traditional healers will restore his eyesight, despite medical specialists declaring him legally blind and advising that his condition is unlikely to improve. The matter came under the spotlight this week after the Judicial Conduct Tribunal concluded hearings into whether Judge Lepono Lekale is medically capable of remaining on the Bench. The tribunal has reserved its findings in what is believed to be the Judicial Service Commission’s first judicial incapacity inquiry.
Lekale has not performed judicial duties since 2018 after developing diabetic retinopathy, which severely damaged his eyesight, and undergoing a leg amputation. He now faces allegations of judicial incapacity after spending more than eight years on sick leave. The inquiry has also exposed the financial cost of his prolonged absence.
The tribunal heard that Lekale continues to receive his full remuneration package, including vehicle-related benefits for his state-subsidised Mercedes-Benz GLC, fuel and servicing worth more than R577,000 a year. The tribunal also heard that because Lekale remains a serving judge, his position cannot be filled permanently, forcing the judiciary to rely on acting judges while placing additional pressure on court planning, service delivery and the public purse. Judge President Cagney Musi argued that the State continues to receive no benefit from those costs while Lekale remains unable to perform judicial duties. Central to the proceedings is Lekale’s belief that he will recover and eventually return to the Bench.
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