A Free State High Court judge facing possible removal for incapacity has refused to resign, retire or apply for medical discharge because traditional healers warned that doing so would anger his ancestors and make his blindness permanent, a Judicial Conduct Tribunal heard on Wednesday.
Judge Lepono Lekale, who has not performed judicial duties since June 2018, accepts medical evidence that he suffers from advanced diabetic retinopathy and is legally blind.
But he believes his loss of sight is temporary and that he will recover, possibly without warning, because of advice he received from two traditional healers.
The tribunal heard that the spiritual advice placed Lekale in a direct conflict with the institutional solution being proposed for his prolonged absence from the bench.
Resigning would ‘invite wrath of the ancestors’
According to his April 2025 affidavit, Lekale consulted a traditional healer from outside South Africa after his health deteriorated. The healer allegedly warned him not to resign because doing so would “invite the wrath of the ancestors”.
Free State Judge President Cagney Musi testified that Lekale later explained that the warning extended beyond resignation.
“He intimated that resignation, retiring or being medically boarded, to use the colloquial term, would invite the wrath of the ancestors, according to the traditional healer,” Musi said.
The tribunal heard that Lekale believed taking any of those steps would make his blindness permanent and cause his “road to sight” to be “totally closed”.
Second opinion predicts regaining of sight
He then sought a second spiritual opinion.
The second traditional healer did not confirm precisely what would happen if Lekale applied to be medically discharged, but allegedly supported the prediction that he would eventually regain his sight.
“She partially confirmed what the first one said, that he would regain his sight,” the tribunal heard.
No affidavit, certificate or written diagnosis from either healer was submitted to Musi.
“Nothing. It is just the mere say-so of Judge Lekale, which I accepted as my colleague,” Musi said.
Medical certificates from traditional healers
A tribunal member questioned whether traditional healers ordinarily conveyed diagnoses orally rather than through written certificates.
Musi agreed that this could happen but said traditional healers could also issue medical certificates, pointing to cases that had previously come before the Labour Court.
The evidence left the tribunal confronting two different explanations of Lekale’s future.
His ophthalmologist’s records describe advanced diabetic eye disease, legal blindness and, in later reports, permanent blindness. Musi said none of the medical reports submitted over the years recorded an improvement in his eyesight.
Lekale does not dispute that medical evidence. His case is that the medical diagnosis does not determine what his ancestors may ultimately permit.
Musi described the medical and spiritual positions as “totally irreconcilable”.
“On the one hand, you have an actual diagnosis by a specialist in the field,” he said.
“On the other hand, you have what he was told and what he verily believes to be true, what he was told by a traditional healer.”
“The one is based on belief, the other on actual diagnosis by an expert.”
‘Catch-22 situation’
The tribunal heard that Lekale had effectively found himself in a “catch-22 situation”.
The medical evidence supported an application for release from active judicial service because of incapacity. But the traditional advice allegedly warned that making that application would destroy his chances of recovering.
“Faced with medical evidence, which he accepts, and the advice that he got from the traditional healers, because of his belief, he chose to accept what the traditional healers precisely told him,” Musi said.
“That is precisely his case. It has always been that.”
The spiritual advice continued to give Lekale hope despite the deterioration recorded by his doctors.
“He might see us at any time soon. As he puts it, ‘I will even be able to see the next day,’” the tribunal heard.
Lekale’s recommendation
Lekale proposed that the Judicial Service Commission should, on its own initiative, recommend his temporary release on medical grounds while he waited to recover.
That proposal would allow him to avoid personally taking the step that he believes his ancestors prohibited.
But Musi told the tribunal that judicial regulations did not provide for a judge to be temporarily released from active service until an uncertain recovery.
Once the president formally released a judge because of incapacity, the decision was final.
“You cannot then say my position was a temporary one or hold my release from active service in limbo until such time that I see again,” Musi said.
“When the president signs that you are now relieved from active service, you are released from active service.”
Asked whether any judicial regulatory instrument provided for temporary release on medical grounds, Musi replied: “Not that I am aware of.”
Lekale’s belief surfaced again at the end of Musi’s evidence when he asked the judge president whether he would be allowed to return should his sight recover.
“If I were to recover and go back to work, would you accept me?” Lekale asked.
“Yes,” Musi replied.
Lekale said he trusted that he would see again.
Musi told him, “My view has always been that you are a good judge. You wrote good judgments.”
The hearing continues on Thursday.
- Free State High Court Judge Lepono Lekale, who has been blind since 2018 due to diabetic retinopathy, refuses to resign, retire, or apply for medical discharge based on traditional healers' warnings that such actions would anger his ancestors and make his blindness permanent.
- Lekale accepts medical evidence of his legal blindness but believes his sight may recover unexpectedly, supported by spiritual advice from two traditional healers.
- Judicial authorities face a conflict between medical diagnoses indicating permanent incapacity and Lekale's spiritual beliefs, which prevent him from taking institutional steps to end his judicial duties.
- Lekale proposed the Judicial Service Commission temporarily release him from active service while waiting for recovery, but regulations do not allow for temporary medical leave for judges.
- Judge President Cagney Musi affirmed Lekale's judicial competence and stated that if Lekale recovers sight, he would be welcomed back, while emphasizing the irreconcilable clash between medical facts and spiritual beliefs in this case.
A Free State High Court judge facing possible removal for incapacity has refused to resign, retire or apply for medical discharge because traditional healers warned that doing so would anger his ancestors and make his blindness permanent, a Judicial
Judge Lepono Lekale, who has not performed judicial duties since June 2018, accepts medical evidence that he suffers from advanced diabetic retinopathy and is legally blind.
But he believes his loss of sight is temporary and that he will recover, possibly without warning, because of advice he received from two traditional healers.
Free State Judge President Cagney Musi testified that Lekale later explained that the warning extended beyond resignation.
“He intimated that resignation, retiring or being medically boarded, to use the colloquial term, would invite the wrath of the ancestors, according to the traditional healer,” Musi said.
He then sought a second spiritual opinion.
“
No affidavit, certificate or written diagnosis from either healer was submitted to Musi.
“
A tribunal member questioned whether traditional healers ordinarily conveyed diagnoses orally rather than through written certificates.
Musi agreed that this could happen but said traditional healers could also issue medical certificates, pointing to cases that had previously come before the Labour Court.
His ophthalmologist’s records describe advanced diabetic eye disease, legal blindness and, in later reports, permanent blindness. Musi said none of the medical reports submitted over the years recorded an improvement in his eyesight.
Lekale does not dispute that medical evidence. His case is that the medical diagnosis does not determine what his ancestors may ultimately permit.
Musi described the medical and spiritual positions as “totally irreconcilable”.
“On the one hand, you have an actual diagnosis by a specialist in the field,” he said.
“On the other hand, you have what he was told and what he verily believes to be true, what he was told by a traditional healer.”
“
“Faced with medical evidence, which he accepts, and the advice that he got from the traditional healers, because of his belief, he chose to accept what the traditional healers precisely told him,” Musi said.
“
“He might see us at any time soon. As he puts it, ‘I will even be able to see the next day,’” the tribunal heard.
Lekale proposed that the Judicial Service Commission should, on its own initiative, recommend his temporary release on medical grounds while he waited to recover.
But Musi told the tribunal that judicial regulations did not provide for a judge to be temporarily released from active service until an uncertain recovery.
Once the president formally released a judge because of incapacity, the decision was final.
“You cannot then say my position was a temporary one or hold my release from active service in limbo until such time that I see again,” Musi said.
“When the president signs that you are now relieved from active service, you are released from active service.”
Asked whether any judicial regulatory instrument provided for temporary release on medical grounds, Musi replied: “Not that I am aware of.”
Lekale’s belief surfaced again at the end of Musi’s evidence when he asked the judge president whether he would be allowed to return should his sight recover.
“If I were to recover and go back to work, would you accept me?” Lekale asked.
“Yes,” Musi replied.
Lekale said he trusted that he would see again.
Musi told him, "My view has always been that you are a good judge. You wrote good judgments."
