Suspended Western Cape High Court judge Mushtak Parker has been described as a “liar” and “dishonest” by lawyers representing the parties who laid complaints against him with the judicial conduct tribunal.
Adv Geoff Budlender SC, who represents 10 judges of the Western Cape High Court, and Adv Janet McCurdie SC, who represents the Cape Bar Council, said Parker is not suitable to be a judge due to the nature of the complaints against him.
The judicial conduct tribunal into two complaints of gross misconduct lodged against Parker resumed on Tuesday for closing arguments. The tribunal is evaluating complaints against Parker that were lodged by 10 judges of the Western Cape High Court and the Cape Bar Council.
Tribunal last sat in February 2024
Tuesday’s tribunal proceedings took place virtually. The tribunal resumed on Tuesday following its previous sitting on February 24 2025.
The tribunal is chaired by retired judge president of the Gauteng Division of the High Court, Judge Bernard Ngoepe.
Ngoepe is its chairperson, along with retired judge of the Gauteng Division of the High Court Judge Phillip Boruchowitz and D Mthimunye.
The complaint by the 10 judges is that Parker had given two different versions of an assault incident between him and former Western Cape judge president John Hlophe in February 2019. They argue that initially Parker told them that Hlophe assaulted him in 2019. But later Parker said Hlophe never assaulted him.
Cape Bar Council’s complaint
Meanwhile, the complaint by the Cape Bar Council refers to a different matter. It is in relation to Parker’s former partners who had misappropriated clients’ trust funds. In its complaint, the council said Parker was aware of what was happening at his law firm. They said there was a large deficit in the firm’s trust account. However, he did not disclose this to the Judicial Service Commission (JSC) when he was interviewed to be a judge.
Parker has been on suspension with full pay since 2020. He was appointed as a judge in 2017.
“My submission is that the respondent [Parker] should be rendered guilty of gross misconduct. This is according to the evidence. The respondent did not dispute or refuse the allegations,” said the tribunal’s evidence leader, Dr Nkululeko Ndzengu.
“He [Parker] gave two conflicting statements on the assault against him by Hlophe. And he deliberately told an untruth. He lied to confirm a false denial of Hlophe…” said Budlender.
Misappropriation of funds
“[Parker] was aware of the trust account deficit before he became an acting judge. This was during his application of being a permanent judge, and after his permanent appointment as a judge. He did not dispute this.
“He had full knowledge of the misappropriation of funds. And he misled the JSC on his questionnaire [during his application]. He is not suitable to be a judge. His misconduct involves dishonesty,” said McCurdie.
Parker’s lawyer, Adv William King SC presented his argument. He said the tribunal does not have the powers to impose or recommend a sanction against Parker to the JSC.
After the closing arguments, Ngoepe said the tribunal reserves its decision. He said it will communicate its decision on the complaints against Parker in due course.
