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Church fund scandal claim shadows candidate for Constitutional Court

Madumetja Kate Malepe under scrutiny over alleged misappropriation, for which she says she's been cleared, and debt woes

Academic Dr Madumetja Kate Malepe, who is vying for a Constitutional Court judge post. Picture: RSAJUDICIARY
Academic Dr Madumetja Kate Malepe, who is vying for a Constitutional Court judge post. Picture: RSAJUDICIARY

Allegations of misappropriation of church funds and an ongoing debt rehabilitation continued to haunt academic Madumetja Kate Malepe, who is applying for a Constitutional Court judge post.

She is among six candidates vying for only two vacancies on the top court’s bench. The other candidates are judges Nambitha Dambuza-Mayosi, Glenn Goosen, Katharine Savage, Ashton Schippers and advocate Alan Dodson.

Malepe, who has four law degrees and worked as a lecturer at the University of Venda for 25 years, was questioned by advocate Tembeka Ngcukaitobi about allegations of theft of church funds flagged by the General Council of the Bar (GCB).

Ngcukaitobi said the GBC complained Malepe did not attach a copy of the church proceedings that cleared her to prove her innocence to the commission.

“You disclosed in your CV in 2023 that you were accused of theft of church funds and said you were not found guilty but did not attach the finding of the board of inquiry that acquitted you?” Ngcukaitobi asked. 

Malepe had attached the church’s testimonial, which she said showed she was not found guilty. She told the commission she was not asked to attach a copy of the entire proceedings.

Malepe said the council had raised concerns that the accusation, coupled with the fact she was under debt review, might affect her integrity as a judge. 

Ngcukaitobi asked Malepe about the concerns raised against her by the GBC.

“They say [council] you are currently under debt review, and they say because if you are under debt review, you are either going to be lifted from debt review or you are going to be declared insolvent. If you are insolvent, you are not qualified to hold the position of a judge,” said Ngcukaitobi.

Malepe said she would not reach a stage of being declared insolvent because she was paying her debts.

“According to me, there is no risk because the indebtedness is going down and coming to an end as we speak. The loans I had are now at a low balance.” 

She said her financial position would not affect her independence should she be appointed as a judge. 

“The fact I am under debt review is because I was over-indebted, and that does not mean I am not able to handle my finances. I cannot be discriminated against based on my financial status; that does not mean I cannot do my work.”

Ngcukaitobi also asked Malepe about four cases she cited in her CV in which she said she represented clients as an advocate but did not attach copies of judgments.

Malepe said she did not have the case numbers of the cases to trace them in the court systems. She said she managed to get one copy of a judgment of the four cases, but her name was not in the court papers. She said that was not her fault.

Malepe retired last year after working for five years as director at the Brigitte Mabandla Justice College, employed by the department of justice & constitutional development.

The interviews continue. 

sinesiphos@businesslive.co.za


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