By Lehlohonolo Lehana.
Judge Portia Phahlane of the Gauteng High Court, 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.
Their appearance came a day after all four were arrested on Tuesday.
The charges relate to accusations of corruption involving a case over the IPHC’s leadership dispute, which Phahlane had overseen.
They face charges including corruption and money laundering.
Phahlane, appointed as a judge in 2021. Her arrest relates to allegations that she received payments in exchange for favourable rulings in the IPHC succession battle.
The IPHC, founded by Frederick Modise in the 1960s, became the subject of intense litigation after the death of his son, Glayton Modise, in 2016.
Three factions are vying for the position of IPHC “comforter”: Modise’s sons Tshepiso and Leonard, who are contesting each other, and a third contender, Sandlana, who claims to be Modise’s biological son.
Hawks spokesperson Colonel Katlego Mogale said investigators had uncovered a money trail amounting to millions of rand that moved among the accused.
During her bail application, Phahlane’s lawyer, Piet du Plessis, informed the court that she plans on pleading not guilty to the charges against her.
“As I have not been informed in detail of any of the charges against me, I am not in the position at this stage to respond thereto.”
Magistrate M.E Sethokga delivered an extensive ruling, emphasising that although the State did not oppose bail, the court was obligated to independently evaluate the evidence, statutory requirements, and the risk factors.
“The court sits here not as a court of trial. It must carefully weigh the factors, including the likelihood of danger to the public, evasion of trial, interference with witnesses, or jeopardising the criminal justice system.”
After assessing each applicant’s personal circumstances, lack of previous convictions, and the absence of evidence showing they would interfere with the investigation, the court found that all three could be released on bail.
Accused number 2, Kagiso Phahlane, was released on R5,000 bail; accused number 3, Vusi Ndlala, was released on R20 000 bail;, and accused number 4, Judge Portia Phahlane, was released on R50,000 bail. Sandlana to remain in custody.
Sethokga instructed all three to surrender their passports to the investigating officer.
In addition, for Judge Phahlane, the State successfully requested a strict bail condition prohibiting her from entering either of the High Court buildings in Pretoria – the Palace of Justice and the new High Court – due to ongoing investigations expected to be conducted within those premises.
Both defence and prosecution teams noted this restriction may be revisited once investigators complete that stage of their work.
Judges Matter, a civil society organisation monitoring the judiciary, expressed “shock” at Phahlane’s arrest and called for her to immediately step down.
The organisation urged the Judicial Service Commission (JSC) to appoint a judicial conduct tribunal and recommended her suspension by President Cyril Ramaphosa, citing the “extremely serious” nature of the allegations.
“We are deeply shocked and very concerned at this turn of events,” Judges Matter coordinator Alison Tilley said in a statement on Wednesday.