The arrest and appearance in court on Wednesday of Gauteng High Court judge Portia Phahlane has put the judiciary under scrutiny when it comes to corruption.
Phahlane, her son Kagiso, Vusi Ndala and Michael Sandlana, the leader of one faction of the International Pentecostal Holiness Church, appeared in the Pretoria specialised commercial crimes court on charges of corruption and money laundering.
The state alleges that Phahlane received gratification in exchange for delivering a favourable judgment in favour of Sandlana in a long-standing succession feud in the church.
While Phahlane’s arrest and prosecution prove the legal principle that no one is immune from the law, it has also put the judiciary — one of the three arms of the state — in a precarious position due to the serious nature of the charges she faces.
Judges are essential for the rule of law to prevail in a free society like ours. They give legal certainty and are entrusted with the mammoth responsibility of ensuring that justice is not just served but is also seen to be served during fair trials.
Society expects judges to not only ensure the law is applied consistently but also that it is applied impartially. Judges are also expected to maintain a check on the power of the executive and safeguard the rights of citizens.
When judges preside over matters, whether criminal or civil, they are guided by the law to make findings of fact by assessing the credibility of witnesses, deciding between competing versions of events and evaluating expert evidence.
What is deeply concerning about Phahlane’s arrest and the potential harm it poses to the judiciary given the gravity of allegations levelled against her. She was allegedly paid a bribe in exchange for a predetermined outcome. These allegations, if proven to be true, could have far-reaching consequences for the trust that society places in the judiciary.
It is incomprehensible to imagine that in our democracy an officer of the court would decide a legal matter before them, not based on law but on how much or who has paid them.
This would not only undermine the credibility and independence of the judiciary but also compromise public confidence and trust in our criminal justice system.
That Phahlane’s arrest and charges come at a time when the criminal justice system — including the police, prosecution and the courts — is under scrutiny in various commissions of inquiry is troubling.
It feeds the worrying public perception that justice in this country is for sale to the highest bidder.
Sowetan
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