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The Portfolio Committee on Justice and Constitutional Development has noted with shock the arrest of a sitting High Court judge on corruption charges yesterday, 25 November.

The portfolio committee Chairperson, Mr Xola Nqola, said the arrest has the potential to erode South African citizens’ trust in their judiciary. The most troubling aspect of the arrest is the alleged use of money in the administration of justice, Mr Nqola said.
 
“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,” Mr Nqola said.
 
Media reports named Judge Portia Phahlane of the Pretoria High Court together with three other suspects in the arrests, which concern the adjudication of a church succession matter in the North West. The judge is reported to have rejected a recusal application in 2023.

Mr Nqola said the matter was of keen interest to the committee and he urged people not to paint all judges with the same brush. “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 added that he trusts South Africa’s strong judicial institutional framework will resolve this transgression and will rid itself of any bad elements. Mr Nqola called upon judges to focus on administering the law fairly, with honesty and transparency and free from suspicion of any conflict of interest.

Issued by the Parliamentary communication Services on behalf of the Chairperson of the Portfolio Committee on Justice and Constitutional Development, Xola Nqola