Ndileka Ndamase has been found guilty of 11 counts of misconduct by the magistrates' commission.

The commission ruled that she did not conduct herself with dignity and was disrespectful to her seniors.

It said that a magistrate's life is as private as a "goldfish in a bowl" so magistrates must ensure they maintain the dignity required from them wherever they are and that a magistrate must strive to never lose his or her temper.

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

According to the lengthy judgment, Ndamase leaned forward on the bench with her one hand under her chin.

"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," the document said.

Ndamase further contravened the Act when she wrote a letter 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.

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

When she was moved back to criminal court, Ndamase refused to assume her duties and instead threw the letter of her transfer at the magistrate's assistant.

In the same month she raised her voice when speaking to an administration officer at the Pretoria Magistrate's Court before throwing a letter in at her.

The commission found that Ndamase had ignored a lawful order by refusing to keep scheduled meetings with the senior manager.

According to Ndamase, she did not want to attend the meetings without legal representation as 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 there was racial discrimination against her.

Ndamase will argue in mitigation of sentence today.

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Wed May 22 06:07:35 SAST 2013 ::

Apr 23, 2012

Sinudeity

"They are being racist"

Gotta lol.
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Apr 23, 2012

Mrazane

Work Ethis!!!!!!!!! It seems this is a foreign concept to this Ndamase character, but she is not acting out of the public service character.
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Apr 23, 2012

MORNACHIESS

She is a victim of telling the truth ,if my memory serves me well she once said that
the whi.tes are getting lesser sentences ,while the bla.cks are dealt heavinly and they
are prefered to stay or fill the prison cells ...............
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Apr 23, 2012

Sinudeity

MORNACHIESS - Hehehe, knew someone would fall for the race-card.
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Apr 23, 2012

truthhurt

Ever wondered what happens when the law breaks the law?
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Apr 23, 2012

MommaC

Racist damn yawns :)

I must admit, I'm one of those people who cannot help yawning if someone else does. Maybe that was her problem that day - a yawner in the benches
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Apr 23, 2012

guiliano

Maybe she was really tired so what's big deal?
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Apr 23, 2012

Catswhiskers

There we go again, the racist argument! Sounds like she thinks she is more important than she really is - a quality many officials are guilty of.
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Apr 23, 2012

Shredder

Ke Mathosa. I know a couple of them where I work that have the same attitude as Ndamase's.
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Apr 23, 2012

eisleben

Yaawwwwwnnnn, zzzzzzzzzzzzzzzzzzzz, hmmmm??

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