Hopolang Mokhopi
THE legal battle between Chief Justice Sakoane Sakoane and Justice ‘Maseforo Mahase over the latter’s November 2025 suspension is set to return to court on 29 May 2026 following the appointment of three foreign judges to preside over the matter.
The panel comprises retired South African judge Justice Boissie Henry Mbha, Justice Kamanga Ivy Chatha of Malawi and Justice Latifa A. Massor of Tanzania.
At the centre of the dispute are allegations that Justice Mahase breached established procedural rules relating to the allocation of cases within the High Court.
Justice Mahase, who was suspended on 4 November 2025, approached the High Court seeking an order interdicting what she describes as an unlawful and unconstitutional suspension.
Her suspension came after the appointment, on 13 October 2025, of a three-member tribunal tasked with investigating her fitness to remain a judge. The tribunal is chaired by Malawian judge Justice Mankhambira Charles Ching’anyi Mkandawire, with Justice Sylvester Salufi Mainga of Namibia and Justice David Mangota of Zimbabwe serving as members. The tribunal’s work was stayed after Judge Mahase challenged her suspension.
Justice Mahase was suspended amid allegations that she allocated to herself cases in which she had an interest, among other claims.
In her November 2025 application, Justice Mahase accused Chief Justice Sakoane of suspending her without first affording her a hearing.
She argued that, had she been given an opportunity to respond, she would have presented affidavits from Advocates Makara and Fusi Sehapi showing that the disputed cases had been allocated to her through normal procedures.
Justice Mahase further argued that the failure to allow her to make representations violated the audi alteram partem principle — the right to a fair hearing — which is a cornerstone of administrative justice.
The tribunal is also investigating allegations that she failed to deliver judgments within the 90-day period prescribed by judicial regulations.
Her suspension followed months of escalating tensions with the Chief Justice.
In June 2025, Chief Justice Sakoane accused her of presiding over two urgent matters without proper allocation, allegedly in violation of Practice Direction No. 2 of 2024. He described her conduct as “unbecoming and subversive of the administration of justice”.
Justice Mahase denied any wrongdoing, saying she relied on information from her clerk, who allegedly informed her that the Chief Justice had allocated the matters to her.
In a response dated 17 June 2025, Chief Justice Sakoane rejected her explanation.
“Since when do Judges seek clarification from administrative staff on the propriety of dealing with matters they are seized with? Your response is not persuasive. What remains for me is to refer the matter for deeper inquiry by an independent body in terms of Section 121(5) of the Constitution,” he wrote.
