Gauteng High Court, Judge Portia Dipuo Phahlane on Wednesday appeared in court on allegations she accepted a bribe worth millions of rand in a long-running church leadership dispute.
Phahlane was released on R50,000 bail alongside her son, Kagiso Phahlane. Her two co-accused, International Pentecostal Holiness Church (IPHC) leader Michael Sandlana and Vusi Ndala, are expected to later apply for bail.
Phahlane and her co-accused were arrested on Tuesday night by the Directorate for Priority Crime Investigation (Hawks).The arrests form part of a major corruption and money-laundering investigation linked to the succession dispute within the IPHC.
The group briefly appeared in the Pretoria Specialised Commercial Crimes Court.Phahlane’s arrest relates to allegations that she received payments in exchange for favourable rulings in the IPHC succession battle.
The IPHC, founded by Frederick Modise in the 1960s, became the subject of intense litigation after the death of his son, Glayton Modise, in 2016.Three factions are vying for the position of IPHC “comforter”: Modise’s sons Tshepiso and Leonard, who are contesting each other, and a third contender, Sandlana, who claims to be Modise’s biological son.
This case is believed to be the first in which a sitting South African judge has been criminally charged for alleged wrongdoing in a matter she was adjudicating.
Civil society organisation Judges Matter called on Phahlane to immediately step down from her judicial duties. The group said it was “shocked” by the arrest and urged the Judicial Service Commission (JSC) to advise the president to suspend her under Section 19 of the Judicial Service Commission Act of 1994.
“The allegations against the judge are extremely serious and strike at the heart of a judge’s constitutional duty to adjudicate legal disputes without fear, favour or prejudice,” the organisation said.
Judges Matter said the gravity of the allegations warranted the JSC taking the “extraordinary route” under Section 19(1)(b) of the Act: requesting that the Chief Justice appoint a Judicial Conduct Tribunal while simultaneously advising the president to suspend the judge. Such a step may be unprecedented.
Co-ordinator Alison Tilley said, “While the judge is innocent until proven guilty, the exceptional seriousness of the allegations requires 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.”
Hawks spokesperson Colonel Katlego Mogale said investigators had uncovered a money trail amounting to millions of rand that allegedly moved among the accused.
Phahlane has been a judge since 2021 and during her interview for the position at the time, it was said that her “career is an inspiration to many”. She started out as a receptionist and advanced herself when she obtained two law degrees. Her first appointment as an acting judge was in 2015.
The Portfolio Committee on Justice and Constitutional Development has meanwhile noted with shock the arrest of Phahlane.The portfolio committee Chairperson, Mr Xola Nqola, said the arrest has the potential to erode South African citizens’ trust in their judiciary. The most troubling aspect of the arrest is the alleged use of money in the administration of justice, Nqola said.
“In a corruption-infested society such as ours, it would be too slippery a road if judges started accepting brown envelopes on matters that are before courts awaiting adjudication,” Nqola said. He added that he trusts South Africa’s strong judicial institutional framework will resolve this transgression and will rid itself of any bad elements. Nqola called upon judges to focus on administering the law fairly, with honesty and transparency and free from suspicion of any conflict of interest.
