“Rude” magistrate’s impeachment set aside

A magistrate who was removed from office in 2022 for misconduct has had her impeachment overturned by the Gauteng High Court in Johannesburg. Chief Magistrate Judith van Schalkwyk was found guilty of 13 disciplinary charges, including rude and disrespectful behavior towards colleagues and accepting a $34,000 payment from a local attorney to attend a conference in the United States.

Judge Leonard Twala ruled that nine of these charges should be dismissed, but the remaining four were deemed serious enough to warrant her removal. Van Schalkwyk appealed the decision, arguing that the charges were based on a "ulterior motive" and bias, but the court dismissed her appeal. A three-judge bench, including Judge Leicester Adams, has ordered the Magistrates Commission to reconsider the sanction imposed on van Schalkwyk.

Adams stated that Twala had "misdirected" himself and had not properly considered the debate among commission members about the appropriate sanction. Despite the dismissal of nine charges, the court found that the remaining four misconduct charges still warranted her removal from office. However, Adams directed the commission to review the case based on the remaining charges. Government respondents were ordered to pay the costs of the application.