High Court judge placed on special leave amid corruption scandal

High Court judge placed on special leave amid corruption scandal

Chief Justice Mandisa Maya announced on Thursday that Gauteng High Court judge Portia Phahlane has been placed on special leave with immediate effect, with her suspension being considered, pending the finalisation of criminal proceedings against her.

The South African Police Service (Saps) confirmed on Tuesday that a Gauteng High Court judge was arrested alongside three others and will appear before the Pretoria Specialised Commercial Crimes Court on allegations of corruption and money laundering.

This case relates to the adjudication of a church succession matter in the North West, in which Phahlane is reported to have taken bribes.

Maya noted Phahlane's arrest and said the incident took place at a time when public confidence in the country's courts was already under strain.

She pointed to recent statistics, which indicated a decline in the public's perception of the judiciary, which she said wa deeply worrisome.

"However, it is in moments of crisis that institutions are tested and must demonstrate their resilience. The unprecedented arrest of a judge, while deeply disquieting, also demonstrates that the country's law enforcement apparatus and mechanisms of accountability are in motion. It signals that no individual, regardless of their position, is above the law or beyond its reach," she stated.

However, she said Phahlane was entitled to the presumption of innocence and a fair process in a court of law.

"…thus, we must allow the independent legal process to run its course without prejudice or preconceived judgment," Maya said.

Maya assured that the judiciary would cooperate fully with the relevant law enforcement and prosecuting authorities in this matter and respect the independence of those processes.

She said measures would be instituted to ensure that Phahlane's cases assigned for adjudication were not disrupted.

She also said reforms to the judicial conduct mechanism were underway to ensure that complaints against judicial officers were investigated impartially and expeditiously.

"The judiciary implores the nation to have faith in the resilience of the country's constitutional order," Maya said.

Meanwhile, African National Congress (ANC) national spokesperson Mahlengi Bhengu said while the case raised public concern, the integrity of the bench must not be stereotyped.

The ANC stated that many judicial officers continued to uphold high standards of ethics and professionalism, and that isolated cases should not delegitimise the judiciary.

"…it must continue to administer justice in a manner that commands public confidence and reflects the values of our Constitution," she said.