JSC gets complaint against Moseneke

2011-11-01 22:12

Johannesburg - A complaint has been lodged with the Judicial Service Commission (JSC) against Deputy Chief Justice Dikgang Moseneke, JSC spokesperson Dumisa Ntsebeza said on Tuesday.

"I'm informed by the JSC secretariat that a complaint of that nature has been received."

He reportedly failed to recuse himself in a case linked to a consortium in which his brother was a director. Further details were not available from him.

Business Day reported that the complainants allege that Moseneke presided over a case and wrote the judgment in a case where his brother Tiego was a director of a company awarded a disputed tender.

The report continued that his conduct had been questioned by Brian Patrick de Lacy and Barry Beadon, owners of Cornastone e-Commerce Services.

Their complaint was about a case involving a tender to supply electronic pension and benefit payouts in the North West.

The dispute arose in 2002 when the Post Office awarded a contract to the Kumo Consortium of which Tiego Moseneke was a director, to provide payment services for the North West government, with the expectation that these would be extended countrywide.

De Lacy and Beadon alleged that the tender process was fraudulent and took the matter to the South Gauteng  High Court in Johannesburg to seek damages of R60m - profits they calculated their company would have made had it won the contract.

In 2008, the South Gauteng High Court found the tender awarded to Kumo had been subject to fraudulent and corrupt behaviour by certain Post Office employees and awarded damages, the report continued.

This was overturned on appeal, and again at the Constitutional Court.

The Post Office cancelled Kumo's contract, but Cornastone continued its efforts to obtain the tender.

Comment from Moseneke was not immediately available. Moseneke will be on long leave next year from February 15 to May 31.

The two had also unsuccessfully complained to the JSC about the appeal court's handing of the matter. On the JSC's advice, they made two previous applications to the Constitutional Court, before this year's unsuccessful application.

  • mundu.olewega - 2011-11-01 22:24

    Who gets nearly 4 months leave these days? Just another filthy tenderpreneur stuffing money in his pocket.

      Myancmyfuture - 2011-11-02 07:51

      I suspect a case of foot and mouth

  • Atholl - 2011-11-01 22:44

    'corrupt behaviour by certain Post Office employees' It's astonishing how the bouncing ball just keeps bouncing - why couldn't the Post office employees just conduct their business in an open, transparent manner in the first instance? The rules are simple, one price with no BEE 'allowance' of 0% and another with the [transparent] BEE allowance of 10%. Adjusted Lowest price wins. Loser goes back and sharpens his pencil - finish and klaar.. now the 'post office employees' behaviour has drawn in three levels of [expensive] high court action and a 'judicial casualty'. ... for power ... control ... and money .... ?? One of the 'high' courts should have subpoenaed the 'post office employees and ordered them to pay for the litigation costs. at the least!

      Servaas - 2011-11-01 23:22

      @Atholl: LOL!! Even the post office have their hands dipped in money! LOL, the post office of all places!! HA HA HA HA HA!

  • Stephan - 2011-11-01 22:48

    Oh no, Moseneke! We thought you were a good one!

  • Chabi - 2011-11-01 22:51

    Judge President "hopeful"... there you go mess it up..Hypocrite !! You pressed Judge President Mogoeng on the "conflict of interest" issue as if you knew what it meant...

      khanyib1 - 2011-11-02 13:42

      foot and mouth..ignorance...not surprised.

  • Sean Blower - 2013-10-11 14:25

    I am relieved to see that at last somebody recognizes the fact that, although JSC Moseneke's familial relationship (brother of Tiego Moseneke) does not in the strictest sense of South Africa's judicial code of conduct represent a conflict of interest in this matter, it is still in violation of the Bangalore Principles of Judicial Conductnduct. Well done! Please let's get him and Judge Nugent answer to the allegations against them.

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