By Lehlohonolo Lehana.
The National Prosecuting Authority (NPA) secured a preservation order for R6-million Hartbeepoort house registered to the embattled Judge Portia Phahlane.
Phahlane was previously released on R50 000 bail after being arrested by the Hawks on allegations of accepting a multi-million rand bribe linked to a long-running IPHC church leadership dispute.
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, Mike Sandlana, who claims to be Modise’s biological son.
The preservation order, granted by the Gauteng High Court in Pretoria, prevents the sale, transfer or disposal of the property while forfeiture proceedings are under way. The property has also been placed under the control of a curator bonis pending the outcome of the case.
The Asset Forfeiture Unit (AFU) obtained the order as part of an ongoing criminal prosecution before the Specialised Commercial Crimes Court in Pretoria, where Judge Phahlane and five other accused face corruption-related charges.
In a statement on Friday, National Director of Public Prosecutions Andy Mothibi described the seizure as part of an ongoing operation to restore trust in criminal justice in the country.
“No person is above the law, particularly those entrusted with positions of authority, integrity, and public confidence. The NPA has a constitutional duty to act decisively where credible evidence points to corruption within institutions responsible for administering justice,” Mothibi said.
“The credibility of both public institutions and social institutions is severely undermined when corruption infiltrates structures that society relies upon for justice, integrity and moral leadership,” he added.
Chief Justice Mandisa Maya placed Phahlane on special leave, which was followed by her suspension.
In addition, Gauteng High Court Judge President Aubrey Ledwaba laid a formal complaint against the Judge with the Judicial Service Commission.
In a statement, the Office of the Chief Justice said the matter had been referred to the Judicial Conduct Committee, which would consider submissions from both sides before deciding on the next steps.
“In the light of the referral of this complaint to the JCC, both AJP Ledwaba as complainant, and Judge Phahlane as the respondent against whom the complaint has been launched, have been given until the 27th of February to make submissions for consideration by the JCC as already mentioned.
“It is also confirmed that now that the JSC is in full control of this matter, Judge 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 Judge Phahlane.”