A Benoni magistrate who had twice been reported to the Magistrate's Commission for her "outrageous" conduct, was on Wednesday again referred for disciplinary measures.
Magistrate Mitzi Schutte's conduct in the attempted murder trial of Thokozani Ndlangamandla filled two judges of the High Court in Pretoria with such dismay that they directed the registrar of the court to forward a copy of their judgment to the commission for investigation.
Schutte was on two previous occasions referred to the commission after the convictions of two robbers and, in a separate case, three convicted murderers were set aside because of her irregular conduct during their trials.
The conviction of the three murderers was set aside after they were referred to the High Court for possible life sentences, but Judge Andre Louw ruled that they did not have a fair trial and set aside their convictions.
This week, Acting Judge WF Pienaar and Judge MF Legodi expressed outrage about Schutte's conduct, but nevertheless confirmed Ndlangamandla's conviction.
They however set aside his effective seven-year prison term for attempting to murder one of his friends during a drunken brawl and replaced it with a five-year effective sentence, dated back to March last year.
Quoting numerous passages from Ndlangamandla's trial, Judge Pienaar said it clearly demonstrated a presiding officer who was meddlesome not only with the prosecution, but also with the defence, the interpreter, the witnesses and the accused.
A clearly irritated Schutte used expressions such as "Oh for crying out loud" and "for crying in a bucket", made sarcastic remarks and at one stage told the interpreter: "I know communication is one of the lazy hobbies in society but just enquire from him what in God's name does he mean by jump..."
Judge Pienaar said none of the court officials were given or allowed the opportunity to present the evidence in the manner they deemed expedient, with the result that the presiding magistrate was forever caught up in the "cauldron" taking place in the arena.
To exacerbate the situation, he said, the magistrate's conduct and demeanour was at times irritable, derogatory, outrageous and blasphemous, which was manifestly unprofessional, unethical and not becoming of the station occupied by a magistrate.
It also did not portray dignity, control and objectivity - the foundation on which respect for the judicial system was founded.
"The presiding magistrate's demeanour is discourteous to all of the relevant officials and parties, whereby is included the witnesses and the appellant.
"... The hurling of insults with impunity... is most unbecoming conduct which cannot be condoned and which ultimately fails to substantiate and portray the principle that justice should not only be done, but should also be seen to be done," he said.
The judge said although Schutte had been admonished by the court in the past, she continued to ignore such admonishments in a manner that was contemptuous of court and which could not be sanctioned. - Sapa