Acting judge president allegedly bribed by ‘KT’ Molefe wants his day at Madlanga commission

Acting judge president Aubrey Ledwaba, whose name has been mentioned at the Madlanga commission in relation to bail granted to alleged drug cartel member Katiso “KT” Molefe, has expressed a desire to tell his side of the story.

According to two witnesses at the Madlanga commission, their informants told them R2.5m had been set aside to bribe a judge and the prosecutor to ensure that Molefe was released on bail after he was arrested in connection with the murder of Armand Swart.

In a statement released on Thursday night, Chief Justice Mandisa Maya said she had approached Ledwaba with the intention of placing him on special leave.

“The process of the JSC [Judicial Service Commission] is triggered by a formal complaint on oath, which has not been done in this case.

“[I have], however, discussed the matter with Ledwaba, including the possibility of granting him special leave pending finalisation of the Madlanga commission.

“Ledwaba, who denies receiving any money to grant Molefe bail, has indicated he will not take special leave, which a judge may not be forced to take and applies for voluntarily. He has also indicated he is seeking legal advice and expressed a wish to be afforded an opportunity to give his side of the story at the Madlanga commission.”

Molefe was arrested in December and denied bail by the Vereeniging magistrate’s court but appealed the ruling at the Pretoria high court.

According to the investigators, Ledwaba appeared biased during the proceedings, showed little interest in the prosecutor’s submissions and assisted Molefe’s defence counsel during arguments.

Witness B told the commission that Ledwaba behaved questionably during Molefe’s bail appeal.

In her statement she said: “It was a judge [Ledwaba] who expressed the view that it would be a burden for Mr Molefe to report to the police station [as one of the bail conditions stipulates] because he would find that the investigation is not there. Mr Molefe’s lawyer then agreed.”

Witness B said when the judge expressed that view, she felt a burden on her and that it was agony to listen to his comments. She felt pain at having to sit through the proceedings, but her commanders insisted she did.

Chief Justice Maya said in response to Witness B’s testimony that it was “an allegation yet to be tested and proved at this stage”, but that it “still has the potential of damaging the integrity of the judiciary, and we reiterate a plea...that any person who has evidence of a judge’s misconduct must promptly lodge a complaint against that judge with the judicial conduct committee of the Judicial Service Commission.”

Sowetan