JSC recommends removal proceedings for Judge Mushtak Parker over misconduct

Western Cape High Court Judge Mushtak Parker has been found guilty of two counts of gross misconduct by the Judicial Service Commission (JSC).

This follows findings by a Judicial Conduct Tribunal last year that Judge Parker was guilty of gross misconduct for contradictory statements about a meeting with former judge president Dr John Hlophe.

“In terms of section 20(3)(c) (read with section 14(4)(a)) of the JSC Act, the commission makes the following findings: in relation to the complaint by the judges, Judge Parker is guilty of gross misconduct; and in relation to the complaint by the Cape Bar Council, Judge Parker is guilty of gross misconduct,” reads the ruling.

Contacted for comment on Friday, Judge Parker did not respond.

The JSC was constituted after members met on October 13 last year to consider the report of the tribunal set up to inquire into allegations of judicial misconduct against Judge Parker.

The complaint was lodged by 10 judges of the Western Cape High Court and the Cape Bar Council. The tribunal found Judge Parker guilty of gross misconduct as envisaged in the Constitution.

“At the meeting, the commission considered the report, record, and transcript of the tribunal and written submissions of Judge Parker to the commission.

“The commission found in terms of section 20(3)(c), read with section 14(4)(a) of the JSC Act, that the conduct of Judge Parker constitutes gross misconduct.

“The commission resolved to refer the matter to the speaker of the National Assembly and to recommend the commencement of removal proceedings in terms of section 177(1)(a) of the Constitution, and will refer the matter accordingly,” the JSC explained.

Judge Parker was accused of having acted dishonestly in giving two contradictory and mutually exclusive versions about the incident that happened in his chambers between himself and Hlophe on February 25, 2019.

The tribunal set out to establish whether, by giving these contradictory and mutually exclusive versions, Judge Parker rendered himself guilty of gross misconduct, as envisaged in the Constitution.

In addition, Judge Parker faced allegations that he and his partners misappropriated funds of their trust's creditors while he practised as an attorney and that he acted in breach of the rules of the law society over a long period by not disclosing to the law society when there was a trust deficit in the trust account of his law firm.

The commission stated that Judge Parker's failure to disclose the long-standing trust deficit in his law firm's account during his nomination questionnaire and interview constitutes gross misconduct.

The allegations were based on a complaint lodged by the Cape Bar Council on March 31, 2020.