Key Takeaways
- High court judge Portia Phahlane and three others are facing 19 counts of corruption and money-laundering charges
- The charges allege that Phahlane accepted bribes in exchange for delivering a favorable judgment in a succession dispute involving the International Pentecostal Holiness Church (IPHC)
- Phahlane and her son, Kagiso, were granted bail, while the bail application of IPHC faction leader Bhekumzi Mike Sandlana has been postponed
- The trial is set to resume in March 2024
- The state alleges that Phahlane ran up debt before allegedly accepting cash bribes and money transfers to obtain a loan for a luxury property
Introduction to the Case
The charge sheet in the trial of high court judge Portia Phahlane outlines how she ran up debt before allegedly accepting cash bribes and money transfers to obtain a loan for a luxury property. Phahlane, her son Kagiso Phahlane, International Pentecostal Holiness Church (IPHC) faction leader Bhekumzi Mike Sandlana, and his spokesperson Vusi Soli Ndala face a total of 19 counts of corruption, as well as money-laundering charges. The state alleges that the accused, acting in furtherance of a common purpose, acted corruptly.
The Background of the IPHC
The IPHC was established in 1962 by wealthy Soweto undertaker Frederick Samuel Modise. When his son, Bishop Glayton Modise, died in 2016, the church had 350 branches and more than three million members in Southern Africa. The Modise brothers, Tshepiso and Leonard, feuded over control, which created factions and war within the church. Another contender was Sandlana, whose faction believed he should have been running the church. The dispute resulted in civil litigation in the Pretoria high court, which Phahlane presided over.
The Alleged Corruption
According to the charge sheet, Sandlana asked an interpreter employed by the department of justice at the Pretoria high court to obtain a copy of the case number. Sandlana allegedly gave her cash amounts of R10,000 and R20,000 to give to the judge. However, the interpreter took all of the R30,000 for herself. Sandlana asked the interpreter if the judge would be able to assist him in the succession battle, and he said that he was prepared to pay any amount of money to a judge for him to win the case. He wanted to arrange a meeting with the judge.
The Meetings and Bribes
The interpreter allegedly approached Phahlane and informed her of the meeting with Sandlana, which she accepted. The first meeting was attended by Phahlane, the interpreter, Ndala, Sandlana, and another person whose arrest is said to be imminent. Phahlane was introduced to Sandlana as the judge who would assist with the succession battle. Ndala gave a briefing on the status of the litigation, while Sandlana requested Phahlane to assist in the matter so that the court’s verdict would be in his favor. Phahlane allegedly accepted the offer. Before the second meeting with Phahlane, Ndala handed the interpreter another R15,000 in cash and a box with an unknown amount of cash for Phahlane.
The Property Purchase
On March 15, 2022, Phahlane’s son allegedly made an offer of R6.5m to purchase a property in Hartbeespoort. Phahlane maintained consistent communication with the property agent, including sending a message on March 17, 2022: "By the way, my son is not buying the property; I am. I just didn’t want to register it in my name. I hope it’s not a problem. Just to ease fears or concerns about my son, I am a judge (occupation) and I will continue to have my full salary even after retirement." The purchase of the property was not concluded. On June 13, 2022, Phahlane made a second offer of R6.5m for the same property her son had sought to purchase.
The Loan and Debt
Phahlane used Ooba Home Loans to compare loan terms, but her application was initially rejected due to an outstanding debt. However, on July 5, 2022, the conveyancer paid R472,106 on Phahlane’s instruction to settle the debt using funds from the R2m deposit. On July 11, 2022, an amount of R200,000 was deposited in Heidelberg into the conveyancer’s account using the same reference as the earlier R2m deposit. On August 19, 2022, R400,000 was deposited into Kagiso’s account, who then paid R392,619 to the conveyancer for Phahlane’s property purchase. Phahlane’s home loan of R5,006,037 was subsequently approved.
The Bail Application
During her bail application on Wednesday, Phahlane told the court she intended to plead not guilty and that the charges stemmed from a personal vendetta due to her adjudication of the church saga. One of her bail conditions includes that she is barred from entering two high court buildings. The trial is set to resume in March 2024. The state alleges that Phahlane ran up debt before allegedly accepting cash bribes and money transfers to obtain a loan for a luxury property. The case has raised concerns about corruption and the judiciary, and the outcome of the trial will be closely watched.