The Judicial Service Commission (JSC) on Thursday rejected media reports that it had ignored a complaint by disgruntled litigants against Deputy Chief Justice Dikgang Moseneke.
Noting the "unfairness" of reports carried in the Star and Cape Times newspapers, which "gave the impression that the JSC had ignored a complaint by [Barry Beadon and Brian] de Lacey", commission spokesperson advocate Dumisa Ntsebeza said the matter had "been dealt with" after the complaint had been received by the commission's Judicial Conduct Committee on June 20 2011.
Ntsebeza said three of the six-member conduct committee, Supreme Court of Appeal Judge President Lex Mpati, Free State Judge President Thekiso Musi and Pretoria high court Judge Cynthia Pretorious had investigated the matter and found no proof of misconduct on the part of Moseneke.
"They found that a judge's failure, firstly, to disclose an interest and recuse himself does not qualify as a misconduct," said Ntsebeza, who added that the mere fact that a judge doesn't declare a conflict of interest also did not constitute misconduct.
According to the Star, De Lacy and Beadon of Cornastone e-Commerce Services, have lodged complaints with the JSC and the Constitutional Court about a unanimous judgment that Moseneke had penned in 2011.
Tender corruption
Their case related to alleged tender corruption at the South African Post Office. The tender, according to the report, had been awarded to Kumo Consortium, which had Moseneke's brother, Tiego, listed as one of its directors.
Ntsebeza said following the committee's findings, the commission had provided De Lacy and Beadon with a "remedy": that they "approach the Constitutional Court with a request for the court to recall the decision made" so that Moseneke could "recuse himself on application" and the "matter be dealt with afresh".
Following Tuesday's publication of the report, the Star published comments from Moseneke a day later, including that while the tender was initially awarded to Kumo, it was subsequently cancelled by the South African Post Office.
Moseneke also told the paper that his brother had not been a member of Kumo either at the time of the tender being awarded or when litigation occurred.