The Judiciary has expressed deep concern over allegations made before the Madlanga Commission of Inquiry into Criminality, Political Interference and Corruption in the Criminal Justice System, that millions of rand may have been set aside to influence a bail decision involving Acting Judge President Aubrey Ledwaba.
Chief Justice Mandisa Maya has responded to the claims, which centre around an alleged payment of R2.5 million to secure the release of alleged underworld kingpin Katiso “KT” Molefe on bail. The allegation, raised during testimony at the commission earlier this week, has sent ripples through judicial and legal circles, prompting calls for transparency and accountability.
On Tuesday, a witness identified only as “Witness A” told the commission that he had heard from an informer that R2.5 million had been earmarked to secure bail for Molefe. The witness admitted, however, that he did not know whether the money was meant for Acting Judge President Ledwaba or the public prosecutor assigned to the case.
The claim came after Molefe, who faces serious criminal charges, was released on bail totalling R500 000. Earlier this month, the Gauteng High Court in Johannesburg granted him R400 000 bail following a successful appeal, in addition to the R100 000 bail approved by the North Gauteng High Court in June. He had previously been denied bail by the Alexandra Magistrate’s Court on 20 August, prompting his leave to appeal application.
Molefe was arrested in connection with the murder of Vereeniging engineer Armand Swart, who was allegedly killed in a case of mistaken identity. His release on bail has drawn public scrutiny, particularly given the gravity of the charges and the new allegations suggesting financial influence in the judicial process.
Responding to the developments, Chief Justice Maya issued a statement emphasising that the testimony remains an unverified allegation yet to be tested or proven. However, she cautioned that such claims could have far-reaching implications for the credibility of South Africa’s judiciary if left unaddressed.
“The claim, though unverified, has the potential to damage public confidence in the Judiciary,” Maya said.
“We reiterate a plea which the Judiciary has issued on numerous previous occasions – that any person who has evidence of a judge’s misconduct must promptly lodge a complaint against that judge with the Judicial Conduct Committee (JCC) of the Judicial Service Commission (JSC).”
Maya explained that the JSC is the only lawful authority empowered to investigate allegations of judicial misconduct and, where warranted, to recommend suspension to the President.
“The JSC has the lawful authority to investigate allegations against any judge and to recommend suspension to the President if necessary,” she said.
“However, no formal complaint has been lodged in this matter.”
In her statement, the Chief Justice confirmed that she had engaged with Acting Judge President Ledwaba regarding the matter and discussed the possibility of him taking special leave while the Madlanga Commission completes its work.
Maya said the conversation was part of broader efforts to preserve public trust in the judicial system during ongoing proceedings that have raised sensitive questions about integrity and influence within the justice sector.
However, Ledwaba reportedly declined the offer of special leave, insisting that judges cannot be compelled to step aside without due process. He stated that he would prefer to continue fulfilling his judicial duties while the commission’s work unfolds.
Ledwaba has denied ever receiving money in exchange for Molefe’s bail and has indicated that he is seeking legal advice. Sources close to him have also confirmed that he intends to appear before the commission to give his version of events directly.
Chief Justice Maya reaffirmed the judiciary’s commitment to transparency and accountability, stating that any judicial officer found to have acted unlawfully or unethically would face swift and decisive action.
“The Judiciary remains committed to serving all South Africans with impartiality and integrity,” she said.
She added that the judiciary could not rely solely on rumours or untested claims but must allow due process to determine the facts. Maya urged the public and legal professionals to avoid speculation until the commission concludes its hearings and any evidence-based findings are presented.
The Judiciary’s statement also underscored the importance of the Judicial Conduct Committee’s role, noting that it provides a formal mechanism for handling complaints against judges through an oath-bound process. Only such a complaint can trigger the committee’s investigative procedures, ensuring fairness for both the complainant and the judge concerned.
Meanwhile, the Madlanga Commission continues to hear evidence, with “Witness C” expected to take the stand on Friday. The commission’s hearings have so far revealed troubling accounts of political interference and alleged corruption within law enforcement and the justice system, prompting growing public interest in its proceedings.
For now, both the Judiciary and the commission face the delicate task of maintaining credibility and public confidence while navigating unverified claims and politically charged testimonies.
As the inquiry progresses, all eyes remain on whether the allegations involving Acting Judge President Ledwaba will translate into a formal investigation — or fade away as yet another unsubstantiated claim in the long list of controversies facing South Africa’s justice system.
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