Cape Town – The Judicial Service Commission (JSC), which probed allegations of misconduct against Judge Mushtak Parker, has found his conduct “constitutes gross misconduct” and recommended his removal.
Judge Parker was found to be dishonest when he accused former Western Cape Judge President John Hlophe of assaulting him and then gave contradictory accounts of the matter.
The complaint against Judge Parker was lodged by 10 Judges of the Western Cape Division of the High Court and the Cape Bar Council.
In its Report, the Tribunal found that Judge Parker is guilty of gross misconduct as envisaged in section 177(1)(a) of the Constitution.
The JSC met on 13 October 2025 to consider the Report of the Judicial Conduct Tribunal constituted in terms of sections 19 and 21 of the Judicial Service Commission Act 9 of 1994 (JSC Act) to enquire into allegations of judicial misconduct against Judge Parker.
At the meeting, the Commission considered the Report, Record, and Transcript of the Tribunal and the written submissions of Judge Parker to the Commission.
In another matter, a complaint had been filed by the Cape Bar Council, alleging that Judge Parker, while he was an attorney, together with his law firm partners, misappropriated about R8 million belonging to clients of the law firm, and that he failed to disclose these misappropriations to the JSC when he applied to be a judge.
After hearing the testimony of six witnesses regarding the assault claim and two witnesses on theft of clients’ funds, the Tribunal found Judge Parker guilty of gross misconduct on both counts.
The JSC found in terms of section 20(3)©, read with section 14(4)(a) of the JSC Act, that the conduct of Judge Parker constitutes gross misconduct.
The Commission resolved to refer the matter to the Speaker of the National Assembly and to recommend the commencement of removal proceedings in terms of section 177(1)(a) of the Constitution
and will refer the matter accordingly.
Since the end of apartheid, Judges John Hlophe and Nkola Motata have been removed from office for misconduct.
