Chief Justice Maya announces Judge Phahlane's special leave amid corruption charges
Gauteng High Court Judge Portia Dipuo Phahlane has been place on special leave after her arrest for corruption.
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Chief Justice Mandisa Maya has said that Gauteng High Court, Pretoria Judge Portia Phahlane, who has been charged with corruption, will be granted special leave with immediate effect.
CJ Maya said the leave will remain in place pending finalisation of the criminal proceedings against Phahlane while the process of her suspension from duty is being considered.
Phahlane, 57, her son Kagiso Phahlane, 32, and Vusi Soli Ndala appeared at the Pretoria Specialised Commercial Crimes Court on Wednesday.
Phahlane was granted R50,000 bail, her son, Kagiso and Ndala were both granted R10,000 bail.
The leader of the International Pentecost Holiness Church, Bhekumuzi Mike Sandlana, was kept in police custody, and a formal bail application will be heard on December 3. The others will return to court next year.
National Prosecuting Authority (NPA) spokesperson Lumka Mahanjana said the accused are collectively facing 19 counts of corruption.
“It is alleged that between 2021 and 2022, Ndala and Sandlana made payments of about R2.4 million on different occasions to different banking accounts, to and for the benefit of Judge Phahlane, for her to preside over Sandlana’s ongoing civil case at the high court and ultimately rule in his favour.”
In a statement issued late on Wednesday night following Phahlane's appearance in court alongside her co-accused, the chief justice noted that the unprecedented arrest of a judge came at a time when the public confidence in the courts is already under strain.
“Recent statistics indicating a decline in the public’s perception of the Judiciary are deeply worrisome. However, it is in moments of crisis that institutions are tested and must demonstrate their resilience. The unprecedented arrest of a Judge, while deeply disquieting, also demonstrates that the country’s law enforcement apparatus and mechanisms of accountability and are in motion. It signals that no individual, regardless of their position, is above the law or beyond its reach.”
She also repeated the judiciary’s long-standing call to anyone with evidence of wrongdoing against judicial officers to bring it to the attention of the relevant state authorities so that appropriate action is taken.
“If there is rot in the Judiciary it must be exposed, in compliance with the relevant legal prescripts, and the full might of the law brought to bear against judicial officers who are found guilty of crime or misconduct.
“It must, however, be borne in mind that Judge Phahlane is entitled to the presumption of innocence and a fair process in a court of law. Thus, we must allow the independent legal process to run its course without prejudice or preconceived judgment,” she said.
She said the following measures will be taken:
- the Judiciary will, to the extent necessary in terms of the law, cooperate fully with the relevant law enforcement and prosecuting authorities in this matter while strictly respecting the independence of those processes.
- Measures will be put in place to ensure that the running of cases assigned for adjudication by Judge Phahlane is not disrupted as far as possible to safeguard continuity and justice for affected litigants.
- Judge Phahlane will be granted special leave with immediate effect.