Bribery complaint against acting judge delayed by JCC quorum problem

In a ruling dated 19 October 2026, the committee said the disqualification of those members left it without the minimum quorum required to determine the complaint. The matter must now be postponed until additional temporary members are appointed.

Why the complaint cannot be decided yet

The JCC had previously considered two key questions: whether there was a prima facie case for the acting judge to answer and whether the allegations should be referred to a judicial tribunal.

However, the committee concluded that members who participated in those earlier decisions were disqualified from dealing with the matter further. The concern was whether they could approach the remaining issues with an open mind after having already considered aspects of the complaint.

“The committee unanimously came to the conclusion that members who made the first and second rulings are disqualified from the matter,” the ruling said.

The decision means the issue is not being dismissed or resolved on its merits at this stage. Instead, the committee’s immediate problem is procedural: it does not currently have enough eligible members to lawfully continue with the determination.

Only two eligible members remained

The committee said the members affected by the ruling had to withdraw. That left only two members, including Chief Justice Mandisa Maya, qualified to consider the complaint.

Under the requirements cited in the ruling, at least three members are needed to form a quorum. With only two eligible members available, the JCC could not convene a properly constituted meeting to decide the complaint.

A quorum is the minimum number of members required for a body to conduct its business and make a valid decision. In disciplinary and oversight proceedings, quorum requirements help ensure that decisions are made by the body as legally constituted rather than by too few participants.

Chief justice can appoint temporary members

The ruling records that Maya has the power to appoint temporary members to the committee. Those appointments would allow the JCC to reach the required number of eligible members and resume consideration of the complaint.

“The current complaint must be postponed to a date to be fixed once the appointment referred to above is made,” the committee said.

The postponement therefore creates an administrative step before the complaint can proceed. The ruling does not set out a new hearing date, and the source material does not indicate when the temporary members will be appointed.

What the complaint alleges

The complaint was lodged in August 2025 by businessman and lawyer Bouwe Wiersma. It concerns an allegation that Makamu solicited and accepted a R5 000 bribe in exchange for a favourable leave-to-appeal ruling.

Wiersma claims that the acting judge handed down a ruling against him. The allegations remain the subject of the judicial conduct process and should not be treated as an established finding of wrongdoing.

The JCC’s quorum ruling addresses who may participate in the committee’s consideration of the complaint. It does not, on the information available, make a final determination on whether the bribery allegations are proven or whether the matter should ultimately be referred to a judicial tribunal.

Why the procedural ruling matters

The development illustrates how the composition of a disciplinary body can affect the progress of a complaint. When members have already taken part in earlier decisions, questions about impartiality may arise if they are asked to decide later stages of the same matter.

Requiring those members to withdraw can protect the fairness and credibility of the process. At the same time, their withdrawal can leave the committee unable to meet its quorum, creating a delay even where a complaint remains pending.

The next step identified by the JCC is the appointment of temporary members. Once that has happened, the committee will be able to set a date for a properly constituted meeting and continue with the outstanding consideration of the complaint.