Judge Solly Sithole Screengrab Judge Solly Sithole Screengrab
Pretoria - Acting Judge Solly Sithole has had to apologise again and cited load shedding and presiding in criminal courts in Palm Ridge for taking three years to deliver a judgment in a damages claim against the police.
He had earlier apologised for delivering another judgment nearly three years after he had presided over a matter.
Judge Sithole, having listened to evidence presented in the case of Petros Sithole and Correct Lepakwe in March 2013, reserved judgment in the high court in Pretoria.
“Since then there has beena somewhat inordinate delayon my part to jot down andfinalise my judgment on thematter. The said delay has occurred as a result of facts beyond my control,” Judge Sithole said.
He explained that he had gone on circuit court duties and then had to preside over other trials outside Pretoria.
“Suffice to say that load shedding by Eskom and the backlog of judgments exacerbated the delay. I express my humblest apology to the parties and their legal representatives in this matter,” he said.
The acting judge presided over the recent high-profile case of Sindiswe Manqele, who he sentenced to 12 years' imprisonment for murdering her lover, rapper Nkululeko “Flabba” Habedi, in his Alexandra home in March last year.
He recently also apologised when he delivered another judgment - this time two years and seven months after presiding over the matter.
In that case, the wheels of justice moved even more slowly for Atteridgeville engineer Mpho Sethole, who asked the court in March 2013 to give himthe go-ahead to institute a R15 000 claim against the City of Tshwane.
He claimed he was assaulted more than seven years ago by Tshwane metro police officers in Eufees Road, Pretoria, for an alleged traffic violation.
Sethole said he claimed damages only much later, and his claim had prescribed, because he had received the wrong legal advice. Judge Sithole gave him the go-ahead to proceed with his claim.
In that case, the judge also apologised for the delay in delivering his judgment and also blamed a busy work schedule and load shedding for the delay.
In his latest judgment on be-half of Sithole and Lepakwe, the judge ordered the police to pay each man R70 000 in damages for unlawful arrest and detention.
The pair were arrested in September 2011 in connection with a house robbery, which it turned out they did not commit.
Instead of immediately releasing the men, they were kept in custody over the weekend.
The judge concluded each was entitled to R35 000 in damages for unlawful arrest and R35 000 for unlawful detention.
Pretoria News
