Watchdog calls for urgent probe into judge’s misconduct allegations

JUDICIAL watchdog Judges Matter has called on the Judicial Conduct Tribunal to launch a full investigation into the two complaints made against Western Cape Judge Mushtak Parker. The organisation said the tribunal should get to the truth of the complaints.

- MANYANE MANYANE

The Judicial Conduct Tribunal is expected to hear closing arguments tomorrow (April 29) after the matter was postponed in February. The Tribunal is also expected to make a finding on whether the evidence before it amounts to gross misconduct. This was after the Tribunal, chaired by retired Judge President Bernard Ngoepe, wrapped up witness testimonies in a marathon that saw all 10 witnesses testify in a single day.

The witnesses included eight current and former judges of the Western Cape High Court, Advocate Andrew Breytenbach and Irfaan Parker, who is Judge Parker’s brother and former law firm partner.

Judges Matter said the outcome of this case could have major consequences for judicial accountability. Judge Parker faces two allegations of misconduct — one from the 10 fellow judges and another from the Cape Bar Council, both relating to dishonesty. In the first complaint, Judge Parker is accused of the cardinal sin of lying under oath by deposing to an affidavit stating that he was physically assaulted by Judge President John Hlophe, only to retract that version in a contradictory affidavit a year later.

In the second complaint, the Cape Bar Council accused Judge Parker of misconduct for not disclosing pertinent information in his application to be appointed as a permanent judge of the Western Cape division when he omitted details.