Civil society organisation Judges Matter on Wednesday called for Gauteng High Court Judge Portia Phahlane to step down from her judicial duties and also called for her immediate suspension.

This after the South African Police Service (Saps) confirmed on Tuesday that a Gauteng High Court judge was arrested alongside three others and will appear before the Pretoria Specialised Commercial Crimes Court on allegations of corruption and money laundering.

This case relates to the adjudication of a church succession matter in the North West, where Phahlane is reported to have rejected a recusal application in 2023.

“It is alleged that the judge received gratification to influence a civil case that the judge is currently presiding over in the Gauteng High Court, Pretoria,” the organisation said.

Judges Matter expressed shock and concern at the allegations, noting that while the judge is innocent until proven guilty by criminal law standards, the extreme seriousness of the allegations requires the Judicial Service Commission (JSC) to place the judge on immediate suspension.

“…any delay would cause irreparable damage to the reputation of the judiciary.

“Judges Matter believes that the extreme seriousness of the allegations against the judge requires the JSC to use the extraordinary route for the first time in its history and recommend the appointment of a Judicial Conduct Tribunal while simultaneously advising the President to suspend the judge immediately,” said Judges Matter co-ordinator Alison Tilley.

FAIRNESS AND TRANSPARENCY

Meanwhile, Parliamentary Portfolio Committee on Justice and Constitutional Development chairperson Xola Nqola urged South African judges to focus on administering the law fairly, honestly and transparently, with no conflict of interest.

The committee expressed shock at Phahlane’s arrest, saying it had the potential to erode South African citizens’ trust in the judiciary.

“The most troubling aspect of the arrest is the alleged use of money in the administration of justice.

“In a corruption-infested society such as ours, it would be too slippery a road if judges started accepting brown envelopes on matters that are before courts awaiting adjudication,” stated Nqola.

He said the matter was of keen interest to the committee, urging citizens not to let this taint their view of all judges.

“It is the nature of litigation that others will be aggrieved, and this development may open up the judiciary to unfair and unjustified criticism from those who lose in courts,” he stated.

The Democratic Alliance (DA) called for the urgent reinforcement of the Judicial Conduct Committee and "unwavering action" against any judge who breached the trust of the public.

"This is not a small matter. Judges hold extraordinary power, and South Africans must be able to believe that those powers are exercised honestly. The idea that a sitting judge could sell justice to the highest bidder is an insult to every citizen who turns to the courts for fairness," said DA spokesperson on Justice and Constitutional Development advocate Glynnis Breytenbach. 

She said this case was part of a deeper problem, noting that judiciary annual reports released this week showed more than 132 complaints were filed against judges in the last financial year and over 350 in the past three years.

"These range from endless judgment delays to incompetence and allegations of misconduct. Yet the body responsible for investigating these complaints, the Judicial Conduct Committee, is running on fumes. It does not have the staff or resources needed to deal with the volume of cases coming its way, and the backlog is growing," she said. 

While the Chief Justice had begun tackling some of the pressure points, including Constitutional Court delays, she noted that the broader system was still under strain.