Judge's stand-off with advocate weighs against appointment

Murphy was the only candidate interviewed by the JSC yesterday who was not appointed. All the others - Judges Mahube Molemela, Phillip Coppin, Cagnay Musi, Roland Sutherland and Adolph Landman - got the nod, as expected. But, says the report, it is likely the JSC will again interview for the Labour Appeal Court at its next round of interviews in October, as 11 vacancies were advertised and only five filled yesterday. The complaint against Murphy by William Mokhari SC - after an angry exchange between the two in court - is pending before the JSC's Judicial Conduct Committee, and appeared to make some of the commissioners uncomfortable about assessing the judge at this time. It is expected the matter will be dealt with by October. Full Business Day report (subscription needed)

The dispute between Murphy and Mokhari is recalled in a BDlive report. It notes that in a high-profile case involving suspended head of police Crime Intelligence Richard Mdluli, Mokhari told the judge that one of his questions was presumptuous. Murphy apparently told Mokhari he was obliged to answer. When he told Mokhari to sit down, Mokhari refused, insisting on making his submissions and leading the judge to adjourn. The fight reportedly continued in the corridor, where, according to Mokhari, Murphy called him an 'idiot', says the report. Though reluctant to speak in detail about what happened outside the courtroom - because it was 'contested' - Murphy said there was an 'altercation' and 'things were said'. He said when Deputy Judge President Aubrey Ledwaba called everyone together, he apologised to Mokhari but the lawyer refused to apologise to him. Full BDlive report

Meanwhile, there have been repercussions for Durban Regional Court Magistrate Sibusiso Msani as a result of his appearance before the JSC this week. Msani, who has refused to acknowledge paternity in a child maintenance dispute, will no longer sit as an acting judge in KZN, says a report in The Mercury. During his JSC interview for a position at the KZN High Court, Msani was questioned by Justice Minister Jeff Radebe about his refusal to pay child maintenance, a factor which counted against him being recommended for the post. A source in the Justice Department reportedly confirmed that Msani had been asked to step down from an acting position on the KZN Bench and to resolve the child maintenance matter. The report adds the secretary of the Magistrates' Commission, Danie Schoeman, said the body could only enter the fray if the magistrate was found guilty of refusing to comply with a child maintenance order. It was up to the commission's Ethics Committee to decide if there was a basis to bring misconduct charges against a magistrate. Full report in The Mercury (subscription needed)