Johannesburg – Chief Justice Mandisa Maya has requested evidence from the police hierarchy regarding allegations of wrongdoing levelled against judicial officials by South African Police Service (SAPS) KwaZulu-Natal Commissioner, Lieutenant General Mkhwanazi.
During his media briefing on Sunday, 6 July 2024, Lieutenant General Mkhwanazi alleged collusion between, among others, the Judiciary and criminals.
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Having noted “with serious concern” Lieutenant General Mkhwanazi’s remarks, the Office of the Chief Justice warned: “Such claims, made without substantiation, are extremely damaging to public confidence in the independence and integrity of our courts – a fundamental pillar of our constitutional democracy”.
Judicial Officers are bound by the Judicial oath or solemn affirmation of office to uphold and protect the Constitution, and the human rights entrenched in it, and to administer justice to all persons alike without fear, favour or prejudice, in accordance with the Constitution and the law.
As such, any suggestion of impropriety within the Judiciary was treated with the utmost gravity, assured the Office of the Chief Justice.
In this regard, the Acting Secretary-General of the Office of the Chief Justice, has formally requested the National Commissioner of the SAPS General Fannie Masemola and Lieutenant General Mkhwanazi, to “furnish evidence in support of these allegations and to lodge formal complaints, where warranted, with the Judicial Service Commission and/or the Magistrates Commission”.
These bodies are constitutionally and statutorily mandated to investigate complaints against Judicial Officers.
Commenting on the matter, Chief Justice Maya said: “The Judiciary stands firm in its commitment to accountability and the rule of law.
“If any person, including Lieutenant General Mkhwanazi, has credible evidence of unlawful or unethical conduct committed by a member of the Judiciary, they are urged to report such matters to the legally mandated structures of the State.
“Unsubstantiated allegations, however, regrettably undermine the administration of justice and weaken public trust in our institutions which are essential to upholding our constitutional democracy.”
The chief justice said the Judiciary reaffirms its unwavering dedication to justice, transparency, and the principles enshrined in our Constitution.
Should any Judicial Officer be found to have acted unlawfully or unethically, appropriate action must be taken without any hesitation, warned Chief Justice Maya.
She said the Judiciary remains resolute in its duty to serve all South Africans with impartiality and integrity.
Meanwhile, President Cyril Ramaphosa has announced that he will address the nation on the matter on Sunday.
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