05 Apr 2017

 It would not be permissible to allocate new matters to a judge whose term has been extended to allow them to complete proceedings which were commenced before they reach retirement age.

This was said by Minister of Defence, Justice and Security, Mr Shaw Kgathi when answering a question in Parliament on Tuesday.

He said currently, Judge Lakvinder Walia was due to inadvertence allocated three urgent applications and three petitions after he reached the retirement age, which he has since completed.

The court’s decisions in those matters, he said are lawful and binding by virtue of the fact that any defect in the appointment of the judge does not operate to nullify the decision in terms of the Public Authority (Functions) Act CAP 02:01.

Member of Parliament for Selebi Phikwe West, Dithapelo Keorapetse, had asked the minister if it was proper, appropriate and lawful for judge who has reached the mandatory retirement age of 70 to take on new matters in the course of the extended period to complete cases as stated in the constitution.

In addition, Mr Keorapetse wanted the minister to state names of judges who have been affected and if the judgements they pass would be lawful. ENDS