Law Society calls for thorough probe into High Court Judge

THE Law Society of South Africa (LSSA) has expressed grave concern over the arrest of Gauteng High Court Judge Portia Phahlane, alongside several co-accused, on serious allegations of corruption and money laundering.

The allegations, which relate to an ongoing succession dispute before the Pretoria High Court, strike at the heart of the administration of justice and threaten to erode public confidence in the judiciary.

Phahlane was released on R50,000 bail on Wednesday by the Pretoria Special Commercial Crimes Court, alongside her son, Kagiso Phahlane, who was released on R10,000 bail. Another co-accused, Vusi Soli Ndala, was also released on R10,000 bail, and the three will again appear in court on March 26.Bhekumuzi Mike Sandlana, a leader of the International Pentecost Holiness Church, will remain in jail pending his bail application on December 3.

All four accused are 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 accused earlier this week. 

The LSSA in a statement said it was profoundly disturbed by the allegations."Any suggestion that a judicial officer accepted financial inducements to influence a judgment represents a direct assault on the rule of law, judicial independence, and the principles upon which our constitutional democracy rests.

"While the LSSA reiterates that every accused person is entitled to the presumption of innocence and a fair trial, we also emphasise that the integrity of the judiciary must be beyond reproach. It is therefore imperative that these allegations be subjected to a swift, rigorous, and transparent investigation to ensure accountability and to preserve public trust in the justice system," read the statement. 

The LSSA has thrown its weight behind Chief Justice, Justice Mandisa Maya, who has placed the judge on special leave pending the finalisation of the criminal proceedings, with the process for her potential suspension now under consideration.

"The reassurance provided by the Office of the Chief Justice that case management measures will be implemented to avoid disruptions to matters assigned to the judge is welcomed. The LSSA also supports the Chief Justice’s call for any evidence of misconduct or criminal behaviour by judicial officers to be reported promptly to the appropriate authorities.

"The fight against corruption within the justice system must be firm and uncompromising. As the Chief Justice noted, the arrest demonstrates that no individual is above the law," read the statement.

The allegations and arrest occur at a time when public sentiment towards the judiciary is already under significant strain. Recent reports of declining public confidence amplify the urgency of ensuring that the judicial system remains transparent, accountable, and resilient.

Nkosana Francois Mvundlela, the President of the LSSA noted: “We urge the public not to generalise wrongdoing by an individual judge to the broader judiciary. The overwhelming majority of judicial officers in South Africa serve with integrity, diligence, and fidelity to the Constitution.

"The LSSA appeals to members of the public, litigants, and the legal profession to allow the legal process to unfold without prejudice or unwarranted speculation. Upholding the rule of law requires both accountability and adherence to due process.

"The LSSA remains committed to defending the integrity of the legal profession and the justice system. We will continue to monitor developments closely and engage relevant stakeholders where necessary to safeguard the credibility of South Africa’s courts.”

SUNDAY TRIBUNE