Eastern Cape High Court Judge Mandela Makaula withdrew remarks he had made earlier this month before the Judicial Service Commission (JSC) about the conduct of legal practitioners in Mthatha.

In a statement issued on Thursday by the Office of the Chief Justice, at the request of Judge Makaula, he apologised for his remarks made during his interview earlier this month before the JSC for the vacant position of deputy judge president of the Eastern Cape.

Based in Gqeberha, he referred to problems in Mthatha and described the legal fraternity there as “untrustworthy”. His words, “you can’t trust anyone in Mthatha unless you know them”, have sparked outrage from several law bodies.

In his statement issued on Thursday, Judge Makaula said: “Following my recent Judicial Service Commission interview, during which I made unfortunate and disparaging remarks about legal practitioners in Mthatha, several law bodies publicly condemned my statements.”

He explained that to resolve the matter, he had mandated Advocate Dali Mpofu SC to represent him in meetings and further consultations with representatives from various law bodies, which had raised their concerns, including in the public domain.

“I hereby withdraw the remarks I made. I also publicly, unconditionally, and sincerely apologise for those remarks, which were unfairly uttered without providing justification or evidence. I particularly regret painting all Mthatha practitioners with the same brush and making an unfair comparison by suggesting that practitioners in Gqeberha conduct themselves better than those in Mthatha.” 

Judge Makaula added that he was told by Mpofu that after extensive deliberations, the vast majority of the participating parties welcomed this step taken by him and agreed to a mutually negotiated resolution of the matter.

He has committed himself to addressing any future concerns he has through the existing internal channels, rather than by raising them in the public domain. This will be done to maintain mutual respect between judges and legal practitioners and to be part of the solution in respect of any underlying challenges facing the division, he said.

Judge Makaula said he is informed that the participating law bodies expressed their hope that this would be the last incident of its kind.

“I commit to fostering ongoing dialogue between the judiciary, the legal profession, and the public they serve.”

According to him, it was agreed that the process of consulting with the leadership of the relevant Bench would start immediately and hopefully come to fruition by no later than the first court term of 2026.

“Specific steps to achieve all these goals and any other outstanding issues will be jointly explored, and further official announcements will be made in due course,” he said.

The JSC, meanwhile, after interviewing three candidates for the Eastern Cape deputy judge position, which included Judge Makaula, resolved by majority vote not to appoint any of the candidates to the vacancy.

The vacancies will be advertised yet again next year.

zelda.venter@inl.co.za

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