Staff Reporter
Chief Justice Mandisa Maya has warned that any corruption within South Africa’s judiciary must be exposed and punished, after the arrest of Gauteng High Court Judge Portia Phahlane on corruption charges.
Phahlane had been placed on special leave with immediate effect pending finalisation of proceedings, said Maya “while the process of her suspension from duty is being considered”.
“The Judiciary is the cornerstone of our constitutional democracy and any imputation of conduct that undermines its integrity and authority is treated with the utmost seriousness,” Maya said in a statement released late on Wednesday night.
She said Phahlane was entitled to the presumption of innocence and a fair court process, adding: “Thus, we must allow the independent legal process to run its course without prejudice or preconceived judgment”.
Phahlane, 57, and her son Kagiso, 32, appeared at the Pretoria Specialised Commercial Crimes Court on Wednesday morning alongside co-accused Bhekumuzi Mike Sandlana, 64, a leader at the International Pentecost Holiness Church, and Vusi Soli Ndala.
They were arrested late on Tuesday by the Hawks (Directorate for Priority Crime Investigation) in a joint operation with the NPA.
According to the NPA, the four 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,” said NPA regional spokesperson, Lumka Mahanjana.
Phahlane was granted bail of R50 000, while Kagiso and Ndala were released on bail of R10 000.
Bail would, however, be opposed for Sandlana, prosecutors told the court. His formal bail application was set down for 3 December and he was remanded in custody.
The case against Judge Phahlane, Kagiso Phahlane and Ndala was postponed to 6 March for further investigations.
The conditions of release for the trio included that they not interfere directly or indirectly with the investigations or state witnesses. They were also ordered to hand over their passports and any travel documents to the investigating officer by Friday. Judge Phahlane was also barred from entering the high court premises.
Maya said that measures would be put in place “to ensure that the running of cases assigned for adjudication by Judge Phahlane is not disrupted as far as possible to safeguard continuity and justice for affected litigants”.
Said Maya: “The Judiciary implores the nation to have faith in the resilience of our constitutional order. The rule of law is not weakened when an individual is held to account – it is strengthened. This challenge will be navigated with a steadfast commitment to the principles that define us: judicial independence, accountability, impartiality and the unwavering pursuit of justice.”
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