The Labour Court in Durban faces serious allegations of fraud, corruption and maladministration, implicating several prominent judicial figures, including Judge President Basheer Wagley, Judge Benita Whitcher and acting Judge Ralph Mhlanga.
Durban resident Darius Naidoo, who claims to be a victim of judicial malpractice, filed an official complaint with the Judicial Conduct Committee last November, bringing to light serious accusations against the high-ranking judicial officials.
Naidoo’s grievances stem from a labour dispute with Old Mutual, which he argues was mishandled due to judicial corruption and fraud.
“I am a victim of fraud,” Naidoo states.
Naidoo, who does not state the nature of his dispute with Old Mutual, alleges that the court overlooked forged documents and issued improper orders, compromising the integrity of the justice system.
According to Naidoo, his initial complaint against Whitcher in October 2021, regarding “allegations involving bribery and corruption”, was dismissed by Wagley.
Despite appealing against this decision, Naidoo claims that it was never addressed, leaving him in a state of legal limbo.
The controversy took a new twist in 2022 when, despite earlier claims that Naidoo’s case could not be heard, the court manager, Thulani Vilakazi, placed the case back on the roll.
Naidoo alleges that this action was directed by Wagley, who appointed Mhlanga to preside over the matter.
Naidoo claims he was not informed of these developments until October 2024.
“Mhlanga did not consider the facts of my case,” Naidoo asserts, alleging that the judge dismissed his case in favour of Old Mutual, the opposing party.
These judicial manoeuvres, Naidoo argues, resulted in gross violations of his constitutional rights.
“What has transpired here directly violates our constitutional rights,” he insists,.
Adding fuel to the fire, Naidoo pointed to an ongoing criminal investigation against Mhlanga, who was reportedly “caught by the Hawks for using proceeds from corrupt activities” to construct a lavish mansion in Ballito, valued at R16-million.
Naidoo argues that such developments undermine public trust in the judiciary, asserting, “We cannot have criminals judging South African citizens.”
Naidoo’s complaint calls for a thorough investigation into the actions of Wagley, Whitcher and Mhlanga.
He demands answers as to “why [Wagley] instructed acting Judge Mhlanga to preside over this matter” and questions the motives behind the alleged interference.
Naidoo claims that the judges “worked together” to achieve the contentious outcome.
Supporting Naidoo’s case are several annexes, including judgments by judges Hamilton Cele and David Gush that favour him, as well as a transcript indicating that Old Mutual requested a private meeting with Gush, which was declined.
Naidoo said this unfolding saga raises pressing questions about the integrity of judicial processes and accountability among judges.
JSC spokesperson Advocate Sesi Baloyi had not responded at the time of going to print.
