Disgraced Gauteng High Court Judge Portia Phahlane, who has been charged with corruption, will be granted special leave with immediate effect.
Chief Justice Mandisa Maya made the announcement on Wednesday.
“Judge 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.”
Bail
Phahlane, her son Kagiso Phahlane, International Pentecostal Holiness Church (IPHC) leader Michael Sandlana, and Vusi Ndala appeared in the Pretoria Specialised Commercial Crimes Court on Wednesday, facing charges of corruption and money laundering.
Phahlane was granted R50 000 bail, her son, Kagiso and Ndala were both granted R10 000 bail each.
Criminal proceedings
Maya said the leave will remain in place pending the finalisation of the criminal proceedings against Phahlane, while her suspension from duty is under consideration.
“The Judiciary will 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,” Maya said.
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Public confidence
Maya said 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.
“The unprecedented arrest of a Judge, while deeply disquieting, 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,” Maya said.
‘Rot in the Judiciary’
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,” Maya said.
Faith in the Judiciary
Maya implored South Africans to have faith in the resilience of the country’s constitutional order.
“The rule of law is not weakened when an individual is held to account – it is strengthened. This challenge will be navigated with a steadfast commitment to the principles that define us: judicial independence, accountability, impartiality and the unwavering pursuit of justice.”
The charges against the trio relate to accusations of corruption involving a case about the IPHC’s leadership dispute, which Phahlane had overseen.
It is alleged that Sandlana paid R2 million in bribes, including substantial cash payments, to Phahlane in exchange for a favourable ruling.
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