Chief justice Mandisa Maya says measures will be put in place to ensure that the running of cases assigned for adjudication by criminally charged judge Portia Phahlane is not disrupted as far as possible.
This is to safeguard continuity and justice for affected litigants.
Maya said Phahlane will be granted special leave with immediate effect pending finalisation of the criminal proceedings against her, while the process of her suspension from duty is being considered.
On Wednesday Phahlane, her son Kagiso, Vusi Soli Ndala and Bhekumzi Mike Sadlana appeared before the Pretoria serious commercial crimes court on charges of corruption and money laundering. The matter relates to a succession battle at the International Pentecostal Holiness Church (IPHC).
She was granted bail of R50,000 and one of her bail conditions include her being barred from entering two high court buildings.
Maya said the judiciary will, to the extent necessary in terms of the law, co-operate fully with the relevant law enforcement and prosecuting authorities in the matter while strictly respecting the independence of those processes.
“The judiciary is the cornerstone of our constitutional democracy and any imputation of conduct that undermines its integrity and authority is treated with the utmost seriousness. This incident occurs 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.
As head of the judiciary, Maya on Wednesday addressed a gathering to mark the release of the 2023/2024 and 2024/2025 annual reports of the judiciary, which focus on the achievements, performance indicators and challenges facing its different divisions. She disclosed there had been a rising number of complaints against judges, with 132 received in 2024/2025. This was up from 125 and 93 in the preceding two years.
Maya said Phahlane’s arrest, while deeply disturbing, also demonstrates that the country’s law enforcement apparatus and mechanisms of accountability are in motion.
“It signals that no individual, regardless of their position, is above the law or beyond its reach. The development aligns with 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. That call is repeated now.”
She said 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 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.”
Hailing from Ga-Rankuwa, Phahlane became a judge of the Gauteng High Court in 2021, after acting stints since 2015, according to Judges Matter. She told the judicial adjudication panel of her pride in helping the poor while an advocate in private practice, mostly by receiving briefs from Legal Aid South Africa.
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