Tribunal finds Judge Mushtak Parker guilty of dishonesty over Hlophe assault claims

The Judicial Conduct Tribunal has found Judge Mushtak Parker guilty of dishonesty and gross misconduct after it emerged that he provided contradictory statements regarding an alleged assault by former Western Cape Judge President John Hlophe. 

The tribunal, chaired by retired Judge President Bernard Ngoepe, delivered a damning verdict, stating that Parker’s actions violated the standards expected of a judicial officer.

The tribunal examined two complaints against Judge Parker, both centered on allegations of misconduct involving dishonesty. 

The first complaint, lodged on March 23, 2020, by ten Western Cape High Court judges, accused Parker of lying under oath about being physically assaulted by Hlophe in his chambers on February 25, 2019.

Parker initially deposed an affidavit claiming he had been shoved and assaulted by Hlophe, an account supported by affidavits from other judges.

However, in a subsequent affidavit a year later, Parker retracted his earlier version, asserting that no assault had occurred.

This flip-flop, supported by testimonies from colleagues, was deemed by the tribunal to be “mutually exclusive” and indicative of gross misconduct.

In his judgement, Judge Ngoepe stated: “The respondent acted dishonestly in giving two contradictory and mutually exclusive versions about the incident that happened in his Chambers between himself and former Judge President Hlophe. 

“And by giving these two contradictory and mutually exclusive versions, the respondent rendered himself guilty of gross misconduct, as envisaged in section 177(1)(a) of the Constitution.”

Earlier in February, the key witness, Judge Derek Wille, recounted how Parker, visibly distressed, confided in him about the alleged assault and dictated an initial affidavit. 

Wille also testified that Parker showed him a broken key, which Parker claimed was caused during the assault. Further testimonies revealed that Parker had relayed details of the incident to several colleagues, some of whom expressed concern over his emotional state.

Adding complexity to the case, Parker’s colleagues noted that his accounts of the altercation with Hlophe were inconsistent and sometimes openly contradictory.

In some instances, Parker maintained that he was assaulted; in others, he seemed to question whether an assault had taken place.

The second complaint, brought by the Cape Bar Council, accused Parker of failing to disclose a significant trust account deficit during his application for permanent appointment as a judge. 

It was revealed that Parker’s law firm had a long-standing R8 million shortfall due to misappropriation of trust funds, which he omitted in his application to the Judicial Service Commission (JSC).

Judge Ngoepe said that Parker’s failure to disclose such material information constituted “gross misconduct,” breaching ethical standards expected of judicial officers and attorneys.

In delivering the verdict, Judge Ngoepe ruled against Parker, citing the weight of evidence indicating dishonesty and misconduct.

“Given the body of evidence before us, the tribunal finds that Judge Parker’s contradictory statements about the incident with Hlophe are unacceptable and constitute gross misconduct,” he declared.

Cape Times