Judge Phahlane faces corruption charges but must still complete outstanding judgments

Although facing corruption charges and placed on special leave pending the outcome of the corruption case against her, Gauteng High Court Judge Portia Phahlane will still have to write any of her outstanding judgments.

This is according to legal expert Advocate Francois Botes, who added that the rest of the cases allocated to Judge Phahlane will now have to be allocated to other judges by the Office of Gauteng’s Acting Judge President.

Judge Phahlane, meanwhile, may not enter the High Court premises until further notified.

This was one of the specific terms of her bail conditions. In responding to the arrest of the judge, Chief Justice Mandisa Maya said the process of her suspension is under consideration.

Judge Phahlane was released on R50,000 bail on Wednesday by the Pretoria Special Commercial Crimes Court, alongside her son, Kagiso Phahlane, who was released on R10,000 bail. Another co-accused, Vusi Soli Ndala, was also released on R10,000 bail, and the three will again appear in court on March 26.

A leader of the International Pentecost Holiness Church, Bhekumuzi Mike Sandlana, will, meanwhile, remain in jail pending his bail application on December 3.

The State indicated that it will oppose his bail, Gauteng National Prosecuting Authority spokesperson Lumka Mahanjana said.

All four 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, in order for her to preside over Sandlana’s ongoing civil case at the High Court and ultimately rule in his favour.

Prosecution-led investigations by the Hawks’ Serious Corruption Investigation team led to the arrest of the four accused earlier this week.

Justice Maya, meanwhile, confirmed that 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.

She added that reforms to the judicial conduct mechanisms are in progress to ensure that complaints against judicial officers are investigated impartially and expeditiously, protecting both the dignity of the institution and the public’s right to accountability.

Justice Maya noted that this incident occurred at a time when public confidence in our 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,” she said.

Botes, meanwhile, commented that this criminal case against Judge Phahlane and her co-accused can drag on for years.

He anticipates that, although the matter was postponed to March, there will be several interlocutory applications and other applications.

“I cannot see how this case will be concluded within two or three years. While she is, meanwhile, on special leave, she will have enough time to finalise any of her outstanding judgments. The fact that she is facing criminal charges does not negate her obligations to finalise her outstanding judgments,” Botes said.

During her interview two years ago before the Judicial Service Commission for a permanent post as a judge, Judge Phahlane had explained how she started as a receptionist before pursuing her legal career.

During the interview, she regarded one of her most significant contributions to the law to be her service to the poor in pro bono representations.

zelda.venter@inl.co.za