By Lehlohonolo Lehana.
The Judicial Services Commission (JSC) has resolved to recommend Gauteng Acting Judge President Aubrey Phago Ledwaba as Judge President of the Gauteng Division of the High Court.
Ledwaba was the only candidate for this vacancy.
He has been acting in the post after Justice Dunstan Mlambo was appointed Deputy Chief Justice.
Ledwaba faced grilling at the JSC for his decision to release murder accused, Katiso KT Molefe, on bail after a Magistrate Court had refused it amid serious charges that he is facing.
Last year, Witness A told the Madlanga Commission that he had received information from an informant that R2.5 million was set aside to cover Molefe’s bail. The witness said the money was intended to influence the bail outcome but conceded that he could not confirm whether the funds were meant for Judge Ledwaba or the public prosecutor involved in the matter.
Chief Justice Mandisa Maya warned him that the allegations before the Madlanga Commission of Inquiry would be a “big issue” during the panel’s deliberations regarding voting for or against his appointment.
She said the question will arise as to why they should not wait for the final word of the Madlanga Commission on the bribery claims before considering his appointment. She referred to objections which the JSC received against his appointment, especially from the Helen Suzman Foundation, given the allegations against him. “The elephant in the room is that your candidature is shrouded in this dark cloud, “Justice Maya said.
Judge Ledwaba responded that the allegations against him held no substance and that it would not be in the interest of justice to wait for the Madlanga Commission to eventually pronounce on the allegations, as the Gauteng Division needed a leader.
He explained that he does not know Molefe and has never dealt with him, other than to hear his bail appeal after a magistrate had refused bail. He granted the bail as he found the magistrate had erred in his reasons for refusing it. What is most interesting, he said, is that shortly after this, when Molefe was again arrested on murder charges, a magistrate also granted him bail on that matter and nothing was said about this.
JSC member Adv Tembeka Ngcukaitobi SC said Ledwaba’s reasoning for granting the bail was poor.
Ledwaba brings decades of experience including: – Over 20 years in legal practice before joining the bench – Service as an acting justice of the Constitutional Court – Experience in the Supreme Court of Appeal and leadership within the judiciary. The Gauteng Division is the largest and busiest court in South Africa, making this one of the most consequential judicial leadership appointments.