By Lehlohonolo Lehana.
Gauteng High Court acting Judge President Aubrey Ledwaba has laid a formal complaint with the Judicial Service Commission (JSC) against Judge Portia Phahlane.
Phahlane is accused of taking a bribe for a favourable ruling in an International Pentecostal Holiness Church (IPHC) succession battle.
In a brief statement on Friday morning, “the Office of the Chief Justice said the acting chairperson of the Judicial Conduct Committee (JCC) has referred the complaint to the JCC in terms of Section 16(1)(a) and (b) of the Judicial Service Commission Act 9 of 1994.
The JCC is expected to review submissions from both AJP Ledwaba, as the complainant, and Judge Phahlane, 57, who is the respondent in the matter. Following consideration of these submissions, the committee will determine the appropriate course of action regarding the complaint.
Both parties have been granted until 27 February to submit their representations to the JCC.
In the interim, a decision has also been taken that Phahlane will not preside in any part-head matter until the JSC complaint process has run its course, in line with the bail conditions imposed in the criminal proceedings against her.”
The commercial crimes court in Pretoria granted her bail of R50,000 on the proviso that she does not attempt to contact any witnesses.
She faces corruption charges alongside co-accused, her son Kagiso Phahlane, Vusi Soli Ndala, and a leader of the International Pentecost Holiness Church (IPHC), Bhekumuzi Mike Sandlana.
All four accused are collectively facing 19 counts of corruption. It is alleged that between 2021 and 2022, Ndala and Sandlana made payments of about R2.4 million on different occasions to different banking accounts, to and for the benefit of Judge Phahlane, in order for her to preside over Sandlana’s ongoing civil case at the High Court and ultimately rule in his favour.
Phahlane was placed on special leave by chief justice Mandisa Maya, who said at the time that measures would be put in place to ensure that cases assigned for adjudication by Phahlane would not be disrupted.