Chief Justice Acts: Judge Phahlane Placed on Special Leave Amid R2.4m Bribe Scandal

In a decisive move to protect the integrity of the bench, Chief Justice Mandisa Maya has announced that Gauteng High Court Judge Portia Phahlane has been placed on special leave with immediate effect. This action comes just hours after Phahlane appeared in court on charges of corruption, fraud, and money laundering linked to an alleged R2.4 million bribe.

The leave will remain in place pending the finalisation of the criminal case against her, while the formal process for her suspension from office is considered.

A Test for the Judiciary

The Chief Justice acknowledged that the “unprecedented arrest of a Judge” is “deeply disquieting” and comes at a time when public confidence in the courts is already under strain. However, she framed the moment as a test of the institution’s resilience.

“Recent statistics indicating a decline in the public’s perception of the Judiciary are deeply worrisome,” Maya stated. “However… the unprecedented arrest of a Judge… demonstrates that the country’s law enforcement apparatus and mechanisms of accountability are in motion. It signals that no individual, regardless of their position, is above the law.”

The Allegations at a Glance

Judge Phahlane, 57, her son Kagiso, 32, and two co-accused face 19 counts of corruption. The National Prosecuting Authority (NPA) alleges that between 2021 and 2022, payments totalling R2.4 million were made to accounts benefiting Phahlane. The purpose? To ensure she would preside over a specific civil case involving church leader Bhekumuzi Mike Sandlana and rule in his favour.

While Phahlane and two others are out on bail, Sandlana remains in custody, with his bail hearing set for 3 December.

Balancing Act: Presumption of Innocence and Public Trust

In her statement, Chief Justice Maya walked a careful line, affirming the judiciary’s commitment to rooting out corruption while upholding Phahlane’s right to a fair trial.

“If there is rot in the Judiciary it must be exposed… and the full might of the law brought to bear against judicial officers who are found guilty,” she asserted. However, she immediately added, “It must… be borne in mind that Judge Phahlane is entitled to the presumption of innocence… Thus, we must allow the independent legal process to run its course.”

The special leave is a procedural necessity, ensuring that Phahlane cannot preside over cases while serious criminal charges hang over her. The judiciary has also pledged to put measures in place to ensure the cases originally assigned to her are reassigned, preventing disruption for other litigants.

The swift action from the Office of the Chief Justice sends a clear message: while the law must take its course, the reputation of the judiciary itself is non-negotiable.

{Source: IOL}

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