Johannesburg – Chief Justice Mandisa Maya has announced that Judge Portia Phahlane, who was arrested on suspicion of accepting millions of rand in bribes to sway a ruling, has been granted special leave.
Reacting to the arrest, the chief justice late Wednesday said: “Judge [Portia] Phahlane will be granted special leave with immediate effect pending finalisation of the criminal proceedings against her while the process of her suspension from duty is being considered”.
Police arrested the 57-year-old Judge Phahlane, her son, 32-year-old Kagiso Phahlane, Mike Sandlana, the leader of the International Pentecost Holiness Church, and 49-year-old Vusi Ndala on suspicion of corruption.
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“It is with grave concern that the Judiciary notes the arrest of Judge Portia Phahlane stationed at the Gauteng Division of the High Court, Pretoria, on charges of corruption,” said Chief Justice Maya.
Elite crime busters – the Hawks – said the four were arrested in a takedown operation stemming from serious allegations of corruption involving attempts to influence a civil case currently before the Pretoria High Court.
The matter relates to a long-standing succession dispute in the International Pentecost Holiness Church.
Earlier Wednesday, Hawks spokesperson Colonel Katlego Mogale said: “It is alleged that a presiding judge received gratification from the main accused in exchange for delivering a favourable judgment in the succession matter.
“An investigation has further uncovered the alleged involvement of three additional suspects in the alleged corruption and money laundering scheme.
“The investigation revealed a money trail amounting to millions, which allegedly exchanged hands amongst the accused.”
The Chief Justice stated that the Judiciary is the cornerstone of South Africa’s constitutional democracy, and any imputation of conduct that undermines its integrity and authority is treated with the utmost seriousness.
“This incident occurs at a time when public confidence in our courts is already under strain,” said Chief Justice Maya.
She said recent statistics indicating a decline in the public’s perception of the Judiciary are deeply worrisome.
Commenting further on the matter, Chief Justice Maya said: “The unprecedented arrest of a Judge, while deeply disquieting, also demonstrates that the country’s law enforcement apparatus and mechanisms of accountability and are in motion.
“It signals that no individual, regardless of their position, is above the law or beyond its reach.”
She added: “The development aligns with the Judiciary’s long-standing call to anyone with evidence of wrongdoing against judicial officers to bring it to the attention of the relevant state authorities so that appropriate action is taken”.
That call is repeated now, the chief justice stated.
“If there is rot in the Judiciary, it must be exposed, in compliance with the relevant legal prescripts, and the full might of the law brought to bear against judicial officers who are found guilty of crime or misconduct.
“It must, however, be borne in mind that Judge Phahlane is entitled to the presumption of innocence and a fair process in a court of law,” Chief Justice Maya said.
“Thus, we must allow the independent legal process to run its course without prejudice or preconceived judgment.”
