Tribunal Finds Judge Parker Guilty of Lying About Hlophe Assault

The Judicial Conduct Tribunal has found Western Cape High Court Judge Mushtak Parker guilty of dishonesty and gross misconduct for delivering two contradictory accounts of an alleged assault by former Judge President John Hlophe.

In a damning ruling handed down by tribunal chairperson, retired Judge President Bernard Ngoepe, Parker was found to have misled the judiciary by altering his version of events,  a violation considered so serious that it meets the constitutional threshold for gross misconduct.

The case stems from a complaint lodged on 23 March 2020 by ten judges of the Western Cape High Court. They accused Parker of initially stating under oath that Hlophe assaulted him in his chambers in February 2019, a claim supported by witness affidavits. A year later, however, Parker reversed his story, stating that no assault had taken place.

Judge Ngoepe said the two versions were “mutually exclusive” and couldn’t both be true, making Parker’s conduct deeply dishonest.

“By giving these two contradictory and mutually exclusive versions, the respondent rendered himself guilty of gross misconduct,” Judge Ngoepe stated.

The tribunal heard compelling testimony from Judge Derek Wille, who recalled Parker appearing shaken and dictating an affidavit about the alleged assault. Wille said Parker even showed him a broken key he claimed was damaged during the incident.

Colleagues further testified that Parker shared conflicting accounts of what happened, creating confusion about the truth. Some statements suggested he was assaulted, while others appeared to downplay or deny the incident altogether.

A second complaint, filed by the Cape Bar Council, alleged Parker failed to disclose a major financial irregularity when applying for permanent judicial appointment. His former law firm had a longstanding R8 million deficit in its trust account, a fact Parker did not disclose to the Judicial Service Commission.

Judge Ngoepe found this omission to be another serious ethical breach, calling it “gross misconduct” and a violation of the standards expected of both judges and legal practitioners.

“The tribunal finds that Judge Parker’s contradictory statements and lack of transparency amount to gross misconduct,” the ruling concluded.

The findings could lead to further disciplinary action or even impeachment by Parliament, pending the Judicial Service Commission’s recommendations.

{Source: IOL}

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