Yawning magistrate guilty

23 April 2012 - 02:09 By PERTUNIA RATSATSI
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Yawning 'shamelessly" while presiding in court and sending a disrespectful letter to her manager have landed a Pretoria magistrate in hot water.

Image: Times Media Group

Ndileka Ndamase has been found guilty on 11 counts of misconduct by the Magistrates' Commission.

The commission ruled that she did not conduct herself with dignity and lacked respect for her seniors.

It said a magistrate's life is as private as that of a "goldfish in a bowl" and magistrates must maintain their dignity and never lose their temper.

Ndamase, the commission said, contravened the Magistrate's Act when she "yawned shamelessly in court" and "looked uninterested in the proceedings".

"She yawned with an open mouth without putting one hand in front of her mouth. The magistrate yawned continuously, was about to fall asleep and did not take note of what was happening."

She also contravened the act when she wrote to the chief magistrate in a tone that was "insulting, contemptuous, sarcastic and disrespectful to her senior".

The letter was written after she was asked to respond to allegations made against her by her colleagues in 2009.

"You have already decided to move me to the criminal section, basing your ill-advised decision on the petty complaints and a decision of the Magistrates' Commission to charge me with misconduct, so why do you ask me to comment on the letter written by the attorney about me?

"You want to correct and justify your ridiculous mistakes by rotating me to another section. I am not going to report in any other section except civil. Report this as an act of insubordination to the Magistrates' Commission and lose your hold over my life and health," she wrote.

Ndamase became a magistrate in 1992 and presided in criminal courts until the chief magistrate transferred her to the civil section.

When she was moved back to the criminal courts, Ndamase refused and threw her transfer letter at the magistrate's assistant.

She raised her voice when speaking to an administration officer in the m agistrate's office before throwing the letter at her.

The commission found that Ndamase had ignored an order by refusing to attend scheduled meetings with the senior manager.

According to Ndamase, she did not want to attend the meetings without a lawyer because she was "tired of being harassed and humiliated" by the chief magistrate.

At the hearing, Ndamase denied some of the charges against her.

She claimed that she was a victim of racial discrimination.

"Words coupled with actions of destroying my self-esteem, dignity and reputation as a magistrate were imposed on me by the chief magistrate," she said.

Ndamase will argue in mitigation of sentence today.

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