Judge Arrested: Chief Justice Maya Calls for Exposure of Corruption in Judiciary
In a move that highlights the judiciary's commitment to accountability, Chief Justice Mandisa Maya has placed Pretoria High Court Judge Portia Phahlane on special leave following her arrest on Wednesday on alleged corruption charges. The Chief Justice issued a media statement on Wednesday evening, confirming the special leave and emphasising that Judge Phahlane is presumed innocent until proven guilty and must receive a fair trial.
"Judge Phahlane will be granted special leave with immediate effect pending finalisation of the criminal proceedings against her while the process of her suspension from duty is being considered," stated Maya.
The arrest of a sitting judge is an unprecedented event that has prompted Chief Justice Maya to reiterate the judiciary's stance on corruption and the importance of maintaining public trust. She acknowledged the gravity of the situation, particularly at a time when public confidence in the courts is already facing challenges.
“This incident occurs at a time when public confidence in our courts is already under strain. Recent statistics indicating a decline in the public’s perception of the judiciary are deeply worrisome," Maya noted.
Despite these concerns, the Chief Justice stressed that moments of crisis serve as a crucial test for institutions, requiring them to demonstrate resilience and unwavering commitment to the rule of law. The arrest, while deeply unsettling, underscores that the country’s law enforcement and accountability mechanisms are functioning.
"However, it is in moments of crisis that institutions are tested and must demonstrate their resilience. The unprecedented arrest of a judge, while deeply disquieting, also demonstrates that the country’s law enforcement apparatus and mechanisms of accountability are in motion. It signals that no individual, regardless of their position, is above the law or beyond its reach," she affirmed.
Chief Justice Maya also highlighted the ongoing efforts to strengthen the judicial conduct mechanisms to ensure that complaints against judicial officers are handled effectively and impartially. These reforms aim to protect the integrity of the judiciary and uphold the public's right to accountability.
“This event underscores the critical importance of having a robust and transparent system for the swift handling of complaints against judicial officers. Reforms to the judicial conduct mechanisms are in progress to ensure that complaints against judicial officers are investigated impartially and expeditiously, protecting both the dignity of the institution and the public’s right to accountability,” she explained.
The Chief Justice reiterated the judiciary's long-standing call for anyone with evidence of wrongdoing against judicial officers to report it to the relevant state authorities. She emphasised that such reports are essential for maintaining the integrity of the justice system.
She said the development aligns with the judiciary’s long-standing call to anyone with evidence of wrongdoing against judicial officers to bring it to the attention of the relevant state authorities so that appropriate action is taken.
“That call is repeated now. If there is rot in the judiciary, it must be exposed, in compliance with the relevant legal prescripts, and the full might of the law brought to bear against judicial officers who are found guilty of crime or misconduct,” said Maya.
The Chief Justice's statement underscores the judiciary's commitment to transparency and accountability, even when it involves its own members. The investigation into Judge Phahlane's alleged corruption will be closely watched as it progresses through the courts. The outcome of this case will undoubtedly have significant implications for the judiciary's efforts to restore and maintain public confidence.
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