Judge Sipho Nkosi Suspended

According to internal sources, the Judicial Service Commission has suspended Judge Sipho Nkosi for reasons that have not yet been disclosed.

The procedure to be followed when a Judge is removed from office or suspended is set out in S158 as follows:
158. (1) A Justice of the Superior Court of Judicature may only be removed from office in accordance with the provisions of this section.
(2) A Justice of a superior court shall not be removed from office except for stated serious misbehaviour or inability to perform the functions of office arising from infirmity of body or mind.
(4) The Commission shall enquire into the matter and recommend to the King whether the Chief Justice or the Justice ought to be removed from office.
(5) Notwithstanding any provision of this Constitution, the King shall in each case act on the recommendation of the Commission.
(6) Where the question of removal in terms of this section has been referred to the Commission the King may suspend from office the Chief Justice or the other Justice as the case may be for the duration of the inquiry.

It is expected that an inquiry will soon commence in line with the constitution. Recently the Judge was embroiled in a controversial matter involving his brother in law who was facing rape charges. The Judge raised eyebrows when he accompanied the suspect to Court. Magistrate Phathaphatha Mdluli ordered that the brother in law be released on bail and that pending finalisation of his rape matter he must be kept in the custody of the Judge. The Judge’s brother in law was re-arrested following an urgent application that was filed by the Director of Public Prosecutions (DPP). The application was heard by Judge Fakudze. In April this year police raided the home of the judge and seized unlicensed firearms.