Gauteng High Court judge faces JCC probe over R5000 bribery allegations

THE Judicial Conduct Committee (JCC) will investigate a formal complaint against an acting judge of the Gauteng High Court, Johannesburg following allegations that the judge solicited and received a R5000 bribe to rule in favour of an application in a case before the judge.

Supreme Court of Appeal (SCA) judge Halima Saldulker has been appointed to probe the allegations against the acting judge in a complaint lodged by businessman and lawyer Bouwe Wiersma last year.

Democratic Alliance MP Glynnis Breytenbach late last year urged the Judicial Service Commission (JSC) to urgently attend to complaints of bribery against the judge. The judge allegedly accepted the R5000 to grant leave to appeal against an eviction order.

Breytenbach said the judiciary is the last line of defence against a complete breakdown in the rule of law. “A mafia state is characterised by, among others, a captured judiciary. Judges who take bribes must be dealt with swiftly and punished severely,” she said.

The party urged the JSC to treat allegations made by Bouwe Wiersma seriously and launch a full investigation into the allegedly compromised judge. If the allegations are found to be true, the judge must be impeached immediately and subjected to the full might of the law, the DA said.

The investigation of this judge by the JCC follows shortly after another Gauteng High Court Judge, Portia Phahlane's appearance in court on corruption charges, also allegedly involving a bribe.

Judge Phahlane was late last year released on R50 000 bail by the Pretoria Special Commercial Crimes Court, alongside her son, Kagiso Phahlane, who was released on R10 000 bail. They are facing charges alongside co-accused, Vusi Soli Ndala, and a leader of the International Pentecost Holiness Church, Bhekumuzi Mike Sandlana.

All four accused are collectively facing 19 counts of corruption. It is alleged that between 2021 and 2022, Ndala and Sandlana made payments of about R2.4 million on different occasions to different banking accounts, to and for the benefit of Judge Phahlane, in order for her to preside over Sandlana’s ongoing civil case at the High Court and ultimately rule in his favour.

Prosecution-led investigations by the Hawks’ Serious Corruption Investigation team led to the arrest of the four, who will be back in court in March.

Another judge found guilty of gross misconduct by the JSC last year is meanwhile awaiting her fate this year as Parliament must decide on whether she should be impeached. The finding against suspended Judge Tintswalo Nana Makhubele follows her acceptance of an appointment as chairperson of the Passenger Rail Agency of South Africa (Prasa) board while serving as a judge. The probe into her conduct followed after civil society organisation #UniteBehind filed a complaint.

After a prolonged hearing, the Tribunal found that Judge Makhubele undermined the independence of the judiciary and received remuneration from Prasa, a role within the executive branch of the government.

Cape Times