Neelam Rahim | neelam@radioislam.co.za
3-minute read
29 April 2025 | 11:40 CAT

Western Cape Judge faces misconduct allegations as tribunal prepares to deliver findings on honesty and disclosure breaches. (Image – Judges Matter)

The Judicial Conduct Tribunal is expected to hear final arguments this week in a landmark case against Western Cape Judge Mushtaq Parker, who faces two serious allegations of misconduct. The complaints stem from accusations of dishonesty — one lodged by ten of his fellow judges and the other by the Cape Bar Council.

Judges Matter’s Mbekezele Benjamin, speaking to Radio Islam International, highlighted the gravity of the situation. “Judge Parker allegedly claimed that former Judge President Hlophe assaulted him, only to retract the statement a year later,” said Benjamin. “Regardless of what actually happened, the retraction raises serious concerns about dishonesty.”

The second charge involves financial impropriety. The Cape Bar Council has accused Judge Parker of failing to disclose a deficit in his attorney’s trust account prior to his judicial appointment — a nondisclosure that may have compromised the integrity of the Judicial Service Commission’s vetting process.

What has shocked many observers is the manner in which the tribunal proceedings unfolded. All ten witnesses — including Judge Parker’s brother and former law partner — were heard in a single day, with Parker offering no defense or cross-examination. “We waited four years for this, and there was no challenge to any of the testimony,” Benjamin noted.

Judge Parker was suspended in 2020, with health issues repeatedly delaying proceedings. However, the case could now set a precedent for how dishonesty and non-disclosure are handled in South Africa’s judiciary.

“This is the first time a judge is being investigated for dishonesty,” said Benjamin. “The outcome could shape future judicial accountability.”

Should the tribunal find him guilty of gross misconduct, it will recommend his impeachment under Section 177 of the Constitution. Parliament would then be required to vote on his removal from office.

Closing arguments are scheduled for today, after which the tribunal will draft a report for the Judicial Service Commission, potentially triggering one of the most consequential decisions in the country’s judicial history.

Listen to the full interview on The Daily Round-Up with Moulana Muhammed Kara and Mbekezeli Benjamin here.