22 July 2026
A Judicial Conduct Tribunal heard on Wednesday that Judge Lepona Lekale’s state-subsidised Mercedes, petrol, services and toll fees alone cost taxpayers more than R500,000 a year while she has has been on sick leave for eight years. Photo: Brian Turner via Flickr (CC BY 2.0).
Free State Judge Lepona Joshua Lekale has been earning a judge’s salary and benefits for eight years without performing any duties, because he has been on sick leave.
A Judicial Conduct Tribunal probing his medical capacity to remain on the bench heard evidence on Wednesday that it has been costing the taxpayer more than R500,000 a year just for his state-subsidised Mercedes GLC vehicle, petrol, services and toll fees.
During his extended sick leave, he even swapped his vehicle for a newer one, and racked up considerable mileage.
Judge Lekale, who is 62, only served six years before going on sick leave in 2018.
He has submitted a slew of sick notes for diabetes-related illnesses which resulted in a leg amputation and vision loss, a condition an ophthalmologist in July 2024 described as “end stage”, diagnosing him as permanently legally blind.
Judge Lekale, however, refused to apply for medical boarding, claiming that a traditional healer had warned that it would incur the wrath of his ancestors and he would never regain his sight, which he believed could return “even tomorrow”, the tribunal heard.
The tribunal, chaired by retired Supreme Court of Appeal deputy president Xola Petse, assisted by retired Judge Irma Schoeman, and advocate Lesego Montsho-Moloisane, is probing a complaint laid by Free State Judge President Cagney Musi that Lekale is suffering from incapacity, which could lead to his impeachment.
Judge Lekale, who is representing himself, attempted to have the proceedings held behind closed doors, saying it was a “personal” matter.
However, following submissions by media houses and Judges Matter, Judge Petse said the hearing would be public: “He [Lekale] does not want his medical condition to be laid bare for all and sundry to know the nature of his illness … but the media have satisfied the threshold that the proceedings are of public interest and should be held openly to protect the imagine and integrity of the judiciary as an institution.”
Advocate Megan Blows led the evidence of Judge President Musi, taking him through dozens of medical certificates Lekale had submitted over the eight-year period, starting in June 2018.
“As we speak he is still on sick leave,” Judge Musi said.
The certificates showed a progressive deterioration in his condition. Many were issued by the same ophthalmologist who would constantly advise that he “may” be able to resume duties, usually on a date which coincided with recess periods.
“It is with a great and deep sense of sadness that I lodged the complaint against him because I have worked well with him. But this situation will continue unless something is done. I guess that’s why we are here,” said Judge Musi.
While Judge Lekale was earning his salary, an acting judge had to be appointed to do his job.
“The test of whether his conduct has impacted public trust and respect for the judiciary is an objective one that must be judged through the eyes of a reasonable person,” said Judge Musi.
“He has been on sick leave for eight years, he has been paid and an acting judge has been earning a similar salary… It’s the optics.”
He said he had written to two successive justice ministers about the “untenable” situation which may lead to “embarrassment”.
Judge Musi said he had engaged with Judge Lekale about the possibility of applying for medical boarding but he had refused, on the advice of the traditional healer who told him that his ancestors would be angry, and that he would get his sight back as long as he remained in office.
“It is his belief … It’s irreconcilable. On the one hand you have a diagnosis by a specialist in the field. On the other hand you have what he believes to be true from a traditional healer,” the Judge President said.
Judge Musi said he had sought advice from (retired) Chief Justice Raymond Zondo, who suggested he try to find an amicable solution, and later from Chief Justice Mandisa Maya. She advised him to lay the complaint with the Judicial Service Commission, which he did in January 2025.
He said there was no medical indication that Judge Lekale would be able to see again.
“But the traditional healer gave him hope, even that he may see again the very next day.”
Judge Lekale only had two questions for Judge Musi.
“If I were to recover and go back to work, would you accept me?”
Judge Musi said, yes, that he had been a good judge.
He then asked why he had never visited him while he had been off sick.
Judge Musi said he had telephoned him at least once a week to ask how he was doing.
The hearing will continue on Thursday when Judge Lekale is expected to present his case.
