By Lehlohonolo Lehana.
The Judicial Services Commission (JSC) has found Western Cape High Court Judge, Mushtak Parker guilty of gross misconduct in the two complaints against him.
In a statement on Thursday evening, the JSC said it found Parker’s conduct constituted gross misconduct.
The JSC has resolved to refer the matter to the National Assembly Speaker for the commencement of impeachment proceedings.
The first complaint, lodged on March 23, 2020, by ten Western Cape High Court judges, accused Parker of lying under oath about being physically assaulted by impeached judge John Hlophe in his chambers on February 25, 2019.
Hlophe accused his colleague Parker of wanting to have sex with his wife, before pushing him violently against a bookcase, jamming his back into a key, which then broke, causing him to fall to the ground, injuring his back.
Parker initially deposed an affidavit claiming he had been shoved and assaulted by Hlophe, an account supported by affidavits from other judges.
However, in a subsequent affidavit a year later, Parker retracted his earlier version, asserting that no assault had occurred.
The second complaint, brought by the Cape Bar Council, accused Parker of failing to disclose a significant trust account deficit during his application for permanent appointment as a judge.
It was revealed that Parker’s law firm had a long-standing R8 million shortfall due to misappropriation of trust funds, which he omitted in his application to the JSC.
A Judicial Conduct Committee previously ruled that he must face a tribunal to determine if he breached the Judicial Code of Conduct and is fit and proper to stay on the bench.
The tribunal, chaired by retired Judge President Bernard Ngoepe, delivered a damning verdict, stating that Parker’s actions violated the standards expected of a judicial officer.
Judge Ngoepe ruled against Parker, citing the weight of evidence indicating dishonesty and misconduct.
An attorney since 1981, Mushtak Parker founded his own firm in 1992. He has acted in the Eastern Cape High Court (2005) and in the Western Cape High Court in 2016 and 2017. Parker holds a BProc from the University of Durban Westville and the University of South Africa.