Judge
Civil society group Judges Matter has urged that Pretoria High Court Judge Portia Phahlane be suspended immediately after her arrest for alleged corruption linked to the IPHC succession battle. The group says the seriousness of the claims threatens judicial integrity and warrants urgent JSC action.
Civil society organisation Judges Matter has called for Pretoria High Court Judge Portia Phahlane to step down and be suspended with immediate effect after her arrest on allegations of corruption linked to the bitter succession dispute within the International Pentecostal Holiness Church (IPHC). Phahlane, her son Kagiso Phahlane, Vusi Soli Ndala, and Bhekumzi Mike Sadlana appeared on Wednesday in the Pretoria Serious Commercial Crimes Court on charges of corruption and money laundering. All Phahlane, her son and Ndala were granted bail. The arrests stem from serious allegations that the judge received gratification from the main accused in exchange for delivering a favourable judgment in the ongoing civil case concerning leadership of the church. Hawks spokesperson Colonel Katlego Mogale confirmed that the takedown operation arose from attempts to improperly influence the court proceedings. Judges Matter coordinator Alison Tilley said the severity of the allegations necessitates swift and decisive action from the Judicial Service Commission (JSC). “We are deeply shocked and very concerned at this turn of events. 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,” Tilley said. The organisation noted that section 19(1)(a) of the Judicial Service Commission Act requires the JSC to consider appointing a Judicial Conduct Tribunal and advising the President to suspend a judge once a formal complaint has been filed and processed through the Judicial Conduct Committee. However, Judges Matter argues that this matter warrants the extraordinary procedure under section 19(1)(b), which allows the JSC to immediately request the Chief Justice to appoint a tribunal when there are “reasonable grounds to suspect” that a judge is guilty of impeachable gross misconduct. If invoked, it would be the first time the JSC uses this extraordinary route in its history. Judges Matter insists that the gravity of the allegations against Phahlane striking at the heart of judicial independence requires nothing less.
