The High Court Judge President of Limpopo, George Phatudi, finds himself at the center of a scandal that threatens to tarnish his reputation and cast a dark shadow over the South African judicial system. Explosive allegations of corruption and misconduct have emerged, as a controversial lawyer, Kevin Maluleke, has come forward to expose Phatudi's alleged attempts to undermine the aspirations of his colleague, Violet Semenya, to become Deputy Judge President.
Maluleke, the founder and President of the Amalgamated Lawyers Association, has lodged a formal complaint with the Judicial Conduct Committee (JCC), urging them to investigate Phatudi's actions. According to Maluleke's account, Phatudi engaged in a series of improper and unethical behaviors, attempting to coerce him into sabotaging Semenya's prospects of advancement within the judiciary.
The controversy stems from an email that Phatudi purportedly forwarded to Maluleke, containing a review application from the Council for the Advancement of the South African Constitution (CASAC). Phatudi allegedly requested that Maluleke adopt the same approach and challenge the recommendations made by the Judicial Service Commission (JSC) in support of Semenya's promotion. These actions took place despite the JSC's endorsement of Semenya on April 15, 2021.
But Phatudi's alleged misconduct did not stop there. Maluleke claims that Phatudi belittled Semenya, referring to her as a "useless woman" and a mere magistrate who was undeserving of a higher judicial position. Such derogatory remarks, if proven true, cast serious doubt on Phatudi's ability to uphold the principles of fairness, equality, and respect that should be inherent in the judicial system.
When questioned about the allegations, Phatudi responded tersely, stating that he had referred the complaint to the JSC's complaint committee and, as such, would refrain from commenting further. His decision to remain silent on the matter suggests that he recognizes the gravity of the accusations and the potential impact they may have on his standing within the legal community.
“You are, therefore, directed to raise any further enquiries in this regard with the media liaison unit of the Office of the Chief Justice,” said Phatudi.
Efforts to gather a response from Violet Semenya were unsuccessful at the time of reporting. CASAC spokesperson Sibonelo Mavuso declined to comment on the allegations, maintaining their commitment to impartiality and due process. JSC secretary Mbali Mondlane confirmed the receipt of the complaint and assured that it would be given due consideration by the committee.
Phatudi's alleged actions not only undermine the integrity of the judiciary but also violate the principles outlined in the Code of Judicial Conduct. Maluleke argues that Phatudi's conduct is in direct conflict with Article 5(1) and (2), which stipulates that a judge must consistently act honorably and in a manner befitting their judicial office. Furthermore, he claims that Phatudi breached Article 7(a), which requires judges to dissociate themselves from any comments or conduct that manifest discrimination or violate constitutional guarantees of equality.
“I am disenchanted by the conduct of MG Phatudi JP and, thus, the aforesaid infamy, corrupt and condescending conduct should further be seen against the backdrop of the attached proof of Short Message Service (sms) and phone calls from MG Phatudi JP’s mobile phone number that there was indeed communication between me and MG Phatudi JP,” said Maluleke.
The scandal surrounding Phatudi raises serious questions about the selection and appointment processes within the South African judiciary. It highlights the potential for abuse of power and the need for robust mechanisms to ensure accountability and transparency.
As this gripping saga unfolds, the South African legal community anxiously awaits the outcome of the JCC's investigation. The credibility of the judiciary and the faith of the public in the justice system hang in the balance. Will justice prevail, or will the alleged misconduct of a High Court Judge President go unpunished? – IOL
