Key Takeaways:
- High court judge Portia Phahlane was arrested and charged with corruption for allegedly receiving bribes from church leader Mike Sandlana in a legal battle over succession within the International Pentecostal Holiness Church.
- Claims have emerged that Phahlane received her first bribe seven months before she was allocated the case, raising questions about how she and Sandlana knew she would be given the case.
- The case allocation process is unclear, with court administrators possibly involved in assigning cases to judges without the knowledge of the deputy judge president.
- Phahlane’s judgment on an application for her recusal revealed that she had been allocated case management duties in the IPHC litigation, but the charge sheet against her alleges that she had been in contact with Sandlana since 2021.
- The charge sheet details a paper trail of payments and cash transfers, including a R2m payment made to a conveyancer’s trust account, allegedly used to purchase a property for Phahlane.
Introduction to the Scandal
The arrest of high court judge Portia Phahlane has sent shockwaves throughout the country, with claims emerging that she received her first bribe seven months before she was even allocated the case in question. The case, a legal battle over succession within the International Pentecostal Holiness Church, has raised questions about how Phahlane and the man charged with bribing her, church leader Mike Sandlana, knew she would be given the case. Phahlane’s judgment on an application for her recusal during the IPHC succession litigation revealed that the case had been assigned to her by the deputy judge president of the Gauteng division, Aubrey Ledwaba. However, two independent sources have stated that court administrators can also be involved in the allocation of cases to judges without the knowledge of the deputy judge president.
The Charge Sheet Against Phahlane
The charge sheet against Phahlane spells out how she was allegedly approached by Sandlana, with an account backed up in an affidavit by Sandlana’s former right-hand man, Tshepo Desmond Phuthi. Phuthi claims that he coordinated the illicit relationship between Phahlane and Sandlana, and that Phahlane visited the church in April 2021 with a woman named Morongoa, who is a court interpreter and a member of the IPHC. The charge sheet alleges that Phahlane accepted a cash payment of an unknown amount from Sandlana in October 2021, seven months before she was allocated case management duties in the IPHC matter. There were further cash payments and meetings between Phahlane and Sandlana, including a meeting in December 2021 where Sandlana informed Phahlane that the matters should be re-enrolled and that she should preside.
The Paper Trail of Payments
The charge sheet details a paper trail of payments and cash transfers, including a R2m payment made to a conveyancer’s trust account, allegedly used to purchase a property for Phahlane. Phuthi claims that he was instructed by Sandlana to facilitate the payment, and that he was told not to communicate with Phahlane and to ensure there was no paper trail that could link Sandlana with providing material benefit to the judge. The charge sheet also alleges that Phahlane’s son, Kagiso, was involved in the purchase of the property, and that there was consistent communication between Phahlane and the property agent. Phahlane’s 2023 judgment reveals that the corruption allegations are not new, and that she had previously refused to recuse herself from the case, stating that the allegations of bribery could not stand.
The Investigation and Aftermath
Phahlane has been placed on special leave while her suspension is being considered, according to chief justice Mandisa Maya. The Sunday Times sent questions to Ledwaba about how Phahlane was allocated the IPHC case, but had not received a response at the time of going to print. Phahlane has also laid a criminal complaint with the police and has sued various parties, claiming a substantial amount. The case has raised questions about the integrity of the judiciary and the allocation of cases to judges. The investigation into Phahlane’s alleged corruption is ongoing, and it remains to be seen what further revelations will come to light.
Conclusion and Implications
The arrest of Portia Phahlane has significant implications for the judiciary and the rule of law in South Africa. The allegations of corruption and bribery raise serious questions about the integrity of the judicial system and the ability of judges to remain impartial. The case highlights the need for greater transparency and accountability in the allocation of cases to judges and the need for robust mechanisms to prevent corruption and ensure that judges are held to the highest standards of integrity. The outcome of the investigation and any subsequent trial will be closely watched, and it is hoped that justice will be served and that the integrity of the judiciary will be upheld.