MK Party opens criminal case against Judge Makamu and urges him to step aside

The uMkhonto weSizwe Party (MK Party) said it opened a criminal case against acting Gauteng High Court Judge Mudunwazi Samuel Makamu and is calling on him to step aside while the matter is investigated. The party lodged the case at Boksburg North Police Station at 5pm on Wednesday, the party said.

Party demands investigation and temporary step-aside

MK Party MP Andile Mngxitama said allegations of corruption involving a serving judicial officer should be taken seriously because public confidence in the judiciary depends on accountability and transparency. He said the allegations should be subjected to a thorough and independent investigation while respecting the presumption of innocence.

“The judiciary cannot be above accountability. At the same time, accountability must be based on evidence and due process. If there is evidence of corruption, it must be fully investigated and, where proven, dealt with decisively,”

MK Party spokesperson Sifiso Mahlangu said the party was determined to root out corruption in the judiciary and ensure allegations against judicial officers are properly investigated. He said that, under normal circumstances, a person facing allegations of this nature would be suspended while an investigation was under way and argued that judicial office should not place anyone beyond scrutiny.

“The fact that he is a judge cannot mean that he is treated differently when serious allegations are made against him,”

Allegations and procedural steps

The move by the MK Party follows a judicial-conduct complaint lodged by businessman and attorney Bouwe Wiersma. The complaint alleges that Judge Makamu solicited money in connection with an application for leave to appeal arising from an eviction matter.

According to the complaint, the judge allegedly initially requested R7 000, which was later reduced to R5 000. The complaint reportedly includes WhatsApp communications and banking records said to support the allegations. Wiersma alleged the money was paid into a Capitec account linked to Makamu’s family, a connection the source says is disputed within the judicial-conduct process.

The Judicial Conduct Committee (JCC) referred the complaint for investigation by a Judicial Conduct Tribunal, saying the allegations were sufficiently serious to warrant investigation. The JCC’s referral, the source notes, did not amount to a finding that Makamu had committed misconduct.

Judge Makamu’s response and next steps

In his response recorded in the ruling, Judge Makamu denied communicating with Wiersma before or after the judgment, denied soliciting money or telephoning the complainant, and disputed the alleged link between himself and the bank account cited in the complaint. He also denied requesting or receiving payment in connection with the application for leave to appeal.

The source emphasises that the JCC referral does not establish that Makamu solicited or accepted a bribe and that those allegations remain to be tested in the Tribunal process and, separately, through any criminal investigation.

What the MK Party is asking

The MK Party said it wants Judge Makamu to step aside while both the judicial-conduct proceedings and any criminal investigation proceed. The party said it was not declaring Makamu guilty but wanted the allegations placed before law-enforcement and judicial authorities for investigation and called for transparent and impartial inquiry if any criminal conduct is established.