Yawning magistrate in hot water

2012-04-24 11:36

Johannesburg - A Pretoria magistrate has been rapped over the knuckles for yawning “shamelessly” in court, appearing to be about to fall asleep, and being disrespectful to her superiors.

Ndileka Ndamase was found guilty on 11 counts of misconduct by the Magistrate’s Commission, The Times reported on Tuesday.

The commission said magistrates should maintain their dignity and never lose their temper.

She had apparently yawned continuously in court and had appeared bored and about to fall asleep.

Following this, she wrote a letter to the chief magistrate in a tone that was deemed insulting.

She also refused to attend meetings with her senior manager, raised her voice and threw a transfer letter at a clerk.

Ndamase claimed she was being harassed and humiliated by the chief magistrate and said she was a victim of racial discrimination.

She will testify on Tuesday in mitigation of sentence.

  • dave.prinsloo - 2012-04-24 11:51

    it's because she's an egomaniac

      Greg - 2012-04-24 13:49

      It's no wonder people lose faith in the Justice system, this woman is who is responsible for putting criminals behind bars!! ...and she plays the race card, wouldn't like to be a white South African standing in the dock before her, you'll be judged before the trial has even begun!!

      JohhnyBGood - 2012-04-24 13:56

      And then fall back to the race card. This country is doomed...

  • paul.prinsloo3 - 2012-04-24 12:06

    She acted normally in terms of revised standards of conduct for the 'new' generation of government officials. I see that in shops, in other government depts. but not in the Metro Police who are wide awake to opportunities.

  • Erich - 2012-04-24 12:23

    Is this the same magistrate who expressed the views that Black persons get stiffer sentences for offences than those committed by other race groups?

      Marion - 2012-04-24 12:48

      Yes, to my knowledge.

      Zambezi - 2012-04-24 13:29

      So that is why they are getting back at her.........! case solved.

  • Evelyn - 2012-04-24 12:24

    Can yawning cost your job?...

      Marion - 2012-04-24 12:49

      I wouldn't like to go before a magistrate who was so bored/tired that she couldn't even concentrate on the evidence put before her.

      Jean - 2012-04-24 13:07

      No... But being unprofessional can.

      Erich - 2012-04-24 13:35

      In all fairness to the honourable lady. Certain lawyers have the tendency to carry on in a montonous and tedious tone ad nauseum and could drive any presiding officer to drowsiness. The accepteble thing to do is to cover your mouth when yawning. It the other alleged acts that worry me.

  • Fredster - 2012-04-24 12:24

    She must see it from the 1st ladies sitting in parlement

  • Mike Purchase - 2012-04-24 12:28

    Absolute domkop

  • William - 2012-04-24 12:37

    This women sounds like a waste of space and a insult to her chosen profession. Give her the boot!! She would do better working behind a cafe in some backwater serving slap chips and burgers!!!!

  • Hudayfah - 2012-04-24 12:39

    Oh, the race card again *yawns more and actually falls asleep*

      winston.mullany - 2012-04-24 13:03

      Yeah, when all else fails use the race card, hence she only mentioned it at the end!

  • Sulette Behnke - 2012-04-24 13:00

    The only reason more black people are found guilty in any regard is because they outnumber the white people on both sides of the juridical system.

  • Shaun - 2012-04-24 13:05

    Funny how the race card gets pulled every time there is a form of diciplain enforced.... I mean if she were to be white she would have had the whole gov. Attack her head on... I agree that the steps taken are the right steps and I firmly believe that she is out of line. She is being racial by saying what she is saying. Have you ever concidored that her superior might be Black?? Just a thought... Even though if he was white it still shows lack of respect from her side for not showing up for the scheduled meetings. Just a thought

      Zambezi - 2012-04-24 13:58

      Just a question.Where did you learn your grammar and spelling ?

      sabongam - 2012-04-24 15:43

      Just a question Shaun. Firstly, I do not regard myself as a direct victim of apartheid because of my age. Hell, I went to one of the most prestigious and highly respected schools in the country. Sometimes other people who are older but have the same shade as I do, say that I have no empathy in regards to what blacks suffered during apartheid.They also accuse me of being a "coconut". To a certain extent maybe its justified as I didn't go through or experience all that pre '94 nonsense. I must admit that I've often compared some black people's usage of the race card defence to the sound of a broken record. My point and question is, do we lack the feeling of the pain they felt then? Maybe its just convenient to say - ahh the blacks, here they go again, using the race card defence...Given, maybe if she(yawning judge) is incompetent and she's trying to use that to cover-up the fact. But then again if a black person is honestly being racially abused - are they supposed to keep quite at the fear of being labelled as a person who uses the race card too often??? You know its easy for white people to just say come on just move on and everythinbg will be dandy. As a victim it can be easy to forgive but its hard to forget.Just a point of what other people feel especially painful memories.

  • Rob - 2012-04-24 13:21

    Juuus because I'm bleeek !

  • Thami - 2012-04-24 14:26


  • Michelle - 2012-04-24 14:27

    Ag shame and the automatic response for having bad manners and not doing her job correctly is to cry racial discrimination!! One would imagine she is an educated person who must surely see that her behaviour is incorrect!

  • Hester - 2012-04-24 14:47

    Because her boss is a racist it makes her yawn and feel sleepy? Now I have heard everything. She was also harrased and humiliated. Why did she just keep on yawning and not get up and reported it to the correct authorities? Maybe it was easier to just keep on yawning. LOL

  • Irene - 2012-04-24 15:12

    Classic AA employee. Always ready to pull the race card when criticised.

  • Wayne - 2012-04-24 15:29

    Ho hum, the race issue is making me yawn.........

      Gieljam - 2012-04-25 11:17

      You need sleeping therapy no matter what race or gender it was. It would have been seen as not very intelligent, by most awake persons anycase

  • Kelly - 2012-04-24 15:35

    "a victim of racial discrimination" oh please the Courts are a victim to BEE appointments in the Judiciary and all the poor people that have to turn to the Courts for help - what do they find - a sleeping bored Magistrate whom is poorly trained and with no experienced and WHO CANNOT STAY AWAKE - shame on you!

  • Loo - 2012-04-24 15:55

    LOL .. Please people do yourselves a favour and watch what happens in parliament ... It looks like one big "sleeping pill" advertisement. And you find this specific magistrate yawning such an issue :)

  • Rob - 2012-04-24 16:02

    I seem to recall a news report several days ago that two Magistrates had been arrested for 'armed robbery/hijacking/possession of stolen property'. What has happened to the Judiciary in this country? I fear that the Government is deteriorating into a huge 'Circus' - except Government has more 'clowns'. If you were an investor, would you invest in this country. I wouldn't...

  • Gieljam - 2012-04-24 16:35

    Try and save a country with such ill disciplined and incompetent sleepy imbeciles ....

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