Judges Matter urges suspension of Judge Phahlane after Hawks arrest
Judges Matter says the judiciary’s reputation is at risk after the arrest of Judge Portia Dipuo Phahlane, who is accused of corruption and money laundering in a high-profile church succession battle.
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Civil society organisation Judges Matter has called on Gauteng High Court Judge Portia Dipuo Phahlane to immediately step down from her judicial duties following her arrest by the Hawks over allegations of taking a bribe worth millions of rand in a long-running church leadership dispute.
Phahlane was one of four people arrested by the Directorate for Priority Crime Investigation (Hawks) late Tuesday night in connection with a major corruption and money-laundering investigation.
The investigation is linked to a succession dispute within the International Pentecost Holiness Church (IPHC).
The suspects, aged between 32 and 64, face charges including corruption and money laundering and are scheduled to appear before the Pretoria Specialised Commercial Crimes Court on Wednesday morning.
Judges Matter, which monitors South Africa’s judiciary, said it noted with “shock” the arrest and called on the Judicial Service Commission (JSC) to urgently advise the president to suspend Phahlane under section 19 of the Judicial Service Commission Act 9 of 1994.
“The allegations against the judge are extremely serious and strike at the heart of a judge’s constitutional duty to adjudicate legal disputes without fear, favour or prejudice,” Judges Matter said in a statement.
According to the Hawks, Phahlane allegedly received gratification - effectively a bribe - to influence a civil case she is presiding over in the Gauteng High Court, Pretoria.
Judges Matter said the seriousness of the allegations requires the JSC to invoke the “extraordinary route” under section 19(1)(b) of the JSC Act. This would involve requesting the Chief Justice to appoint a Judicial Conduct Tribunal while simultaneously advising the president to suspend the judge - a step the organisation said may be unprecedented.
Alison Tilley, Judges Matter co-ordinator, said, “While the judge is innocent until proven guilty, the extreme seriousness of the allegations requires the JSC to act urgently to place the judge on suspension even at this early stage. Any delay would cause irreparable damage to the reputation of the judiciary.”
Hawks spokesperson Colonel Katlego Mogale said the investigation revealed a money trail amounting to millions of rand that allegedly changed hands among the accused.
Meanwhile, acting Hawks head Lieutenant General Siphosihle Nkosi welcomed the arrests.
“These arrests demonstrate the DPCI’s unwavering commitment to tackling corruption at all levels,” Nkosi said.
“The meticulous work by the Serious Corruption Investigation team, supported by our partners in the National Prosecuting Authority, reflects the strength of our collective resolve. We will continue to pursue all those who abuse positions of trust and undermine the rule of law,” he said.
simon.majadibodu@iol.co.za
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