Civil society watchdog Judges Matter has called for the immediate suspension of Gauteng High Court judge Portia Dipuo Phahlane after she was arrested alongside controversial church leader Michael Sandlana in what investigators describe as an alleged plot to buy a favourable court ruling in the long-running succession war inside the International Pentecostal Holiness Church (IPHC).
The arrests were confirmed on Wednesday after a Hawks takedown operation conducted on Tuesday night.
Charged with corruption, money laundering
Hawks spokesperson Colonel Katlego Mogale said the Serious Corruption Investigation team had “arrested four suspects — the judge, the leader of a well-known church, and two others, aged between 32 and 64. They were arrested on charges of corruption and money laundering during an operation conducted last night”.
“The takedown operation stems from serious allegations of corruption involving attempts to influence a civil case currently before the Pretoria High Court. The matter relates to a well-known South African church embroiled in a long-standing succession dispute,” said Mogale.
“It is alleged that a presiding judge received gratification from the main accused. This was in exchange for delivering a favourable judgment in the succession matter. The investigation revealed a money trail amounting to millions of rands that allegedly exchanged hands among the accused.”
The case centres on the IPHC leadership battle that erupted after the death of church leader Glayton Modise.
Dispute over church leadership
Sandlana is one of several claimants to the throne. According to investigators, Phahlane allegedly received gratification from Sandlana to secure a favourable judgment in the Pretoria High Court matter that would determine the rightful leader of the church.
The four suspects, Phahlane, Sandlana, Kagiso Phahlane, and Vusi Ndala, appeared briefly in the Pretoria Specialised Commercial Crimes Court, where they were granted bail.
Within hours of the appearance, Judges Matter issued a statement demanding that Phahlane be removed from the bench with immediate effect.
“Judges Matter, the civil society organisation that monitors the judiciary in South Africa, has noted with shock the statement released by the [SAPS] confirming that a Gauteng High Court judge has been arrested alongside three others on allegations of corruption and money laundering,” said the organisation’s research and advocacy officer, Mbekezeli Benjamin.
Call for immediate suspension
“Judges Matter calls for the judge to immediately step down from her judicial duties. While the Judicial Service Commission (JSC) must urgently advise the president to place her on suspension.”
Judges Matter warned that the allegations “strike at the heart of a judges’ constitutional duty to adjudicate legal disputes without fear, favour or prejudice”. And he insisted that the JSC should not follow its ordinary complaint route.
“The extreme seriousness of the allegations against the judge require the JSC to use the extraordinary route for the first time in its history. And we recommend the appointment of a Judicial Conduct Tribunal, while simultaneously advising the president to immediately suspend the judge,” Benjamin said.
Judges Matter coordinator Alison Tilley supported the call.
“We are deeply shocked and very concerned at this turn of events. While the judge is innocent until proved guilty by criminal law standards, the extreme seriousness of the allegations require the JSC to act urgently to place the judge on suspension even at this early stage. Any delay would cause irreparable damage to the reputation of the judiciary.”
Investigations continue
The Hawks say investigations are ongoing. Acting National Head of the DPCI, Lieutenant General Siphosihle Nkosi, welcomed the breakthrough.
“These arrests demonstrate the DPCI’s unwavering commitment to tackling corruption at all levels. The meticulous work by the Serious Corruption Investigation team, supported by our partners in the NPA, reflects the strength of our collective resolve. We will continue to pursue all those who abuse positions of trust and undermine the rule of law,” he said.
The four accused are expected to return to court soon.
