Free State judge concedes eight-year sick leave “borders on incapacity”

Free State Judge Lepona Lekale has acknowledged his eight-year absence from the bench has placed strain on the Free State High Court and the public purse. Photo is a screenshot of tribunal proceedings today.

• Free State Judge Lepona Lekale has acknowledged that his eight-year sick leave absence from the bench has placed strain on the court and the public purse.
• He accepted that medical evidence shows he is permanently blind, but said he still believes traditional healers’ who say his sight will return.
• A Judicial Conduct Tribunal has concluded hearing evidence, and parties will file heads of argument by the end of August.

Free State Judge Lepona Joshua Lekale has conceded that his eight-year absence from work while on sick leave “borders on incapacity”.

Lekale, who appears ill, has been on sick leave since June 2018, his absence is supported by dozens of medical certificates.

He confirmed on Thursday to the Judicial Conduct Tribunal probing a complaint of incapacity against him that he suffered from diabetes-related illnesses which resulted in his right leg being amputated, the toes on his left foot removed, and losing his sight.

Testifying before the tribunal, presided over by retired Supreme Court of Appeal deputy president Xola Petse, assisted by retired Judge Irma Schoeman, and advocate Lesego Montsho-Moloisane, he said he had consulted several traditional healers who had assured him he would regain his vision.

He remained adamant that this would happen although conceding that eight years later he was “still waiting”.

The tribunal is probing a complaint laid with the Judicial Service Commission by Free State Judge President Cagney Musi. If he is found to lack capacity to perform his judicial duties, he could be impeached and lose his salary, benefits and his “salary for life” pension.

Judge Musi has testified that he urged Lekale to apply to be medically boarded but Lekale had said that traditional healers had told him he would see again, but not if he left office because this would “incur the wrath” of his ancestors.

In apparent reference to evidence that he had clocked up thousands of kilometers of mileage on his state-sponsored Mercedes GLC, which along with petrol and services had cost the public purse more than R500,000 a year, he said he had used the car to attend medical consultations and had been assisted by his wife.

Judge Lekale, who is now 62, only served an effective six years as a judge.

He told the tribunal that he had lost sight in both eyes in about 2020.

In one of the medical certificates admitted into evidence, an ophthalmologist recorded in June 2024, that his condition was “end stage” and he was permanently, legally blind.

Asked by Petse if the traditional healers he consulted had given him a timeframe on when he would see again, he said, “To be honest, it was never clear but I expected, and even now I can expect, that I will become okay because two weeks back, I received a message, that it will go away and I will become okay, even today when I testify, I will be okay … It could happen any time soon.”

But he agreed with Judge Petse that “nothing has materialised” yet.

“Basically, there is nothing more to say, save to point out that I am still waiting, here I am.”

He said he “genuinely believed” that he would regain his eyesight but conceded that, in terms of Western medicine, he was clinically, permanently blind.

He also conceded his absence from work “bordered on” incapacity.

Questioned by evidence leader advocate Megan Blows, Lekale made more concessions, including that his “subjective beliefs” were not supported by medical evidence.

He also accepted that the situation could not continue indefinitely, that his prolonged absence had put a strain on effective functioning of the Free State division, and on the public purse, because he had been paid while other acting judges were also being paid to do his job.

In a final question, Judge Petse asked if he still believed in the advice of the traditional healers that if he resigned or applied to be medically boarded, he would lose his sight permanently.

“Yes, I do,” he replied.

The matter was adjourned.

The parties have until the end of August to file heads of arguments.

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