Evidence leader submits that JCT recommend WC Judge Parker’s impeachment to the Judicial Service Commission
Dr Chris Ndzengu says Parker has rendered himself guilty of gross misconduct, warranting his removal as a judge.
Western Cape Judge Mushtak Parker appeared before the Judicial Conduct Tribunal on 24 February 2025. Picture: @OCJ_RSA/X
JOHANNESBURG - Evidence leader in the Judicial Conduct Tribunal (JCT)against suspended Western Cape Judge, Mushtak Parker, has submitted that the tribunal recommend Parker’s impeachment to the Judicial Service Commission (JSC).
Dr Chris Ndzengu says Parker has rendered himself guilty of gross misconduct, warranting his removal as a judge.
During the tribunal’s hearings in February this year, testimony was given about how Parker alerted other judges on the Western Cape bench that he was assaulted by then Judge President of the division, Dr John Hlophe, but later made a U-turn in a contradictory affidavit.
The tribunal is hearing closing arguments in the fact-finding mission on Parker’s conduct.
The consequences of suspended Parker’s sudden retraction of an earlier affidavit in which he claimed that Hlophe assaulted and injured him, led to frictions and disunity on the Cape bench.
ALSO READ: Judicial Conduct Tribunal hearing into Judge Mushtak Parker's conduct set to begin
It was as a result of Parker’s initial statement, Western Cape Deputy Judge President, Patricia Goliath, filed a complaint with the JSC Hlophe and his wife, Judge Gayaat Salie-Hlophe.
But Hlophe denied this, laid a counter complaint and lashed out at Goliath, accusing her of making malicious allegations.
The U-turn created distrust among the judges with Parker’s colleagues refusing to share the bench with him, as explained by the evidence leader, Dr Chris Ndzengu, in the virtual hearing that is sitting for closing arguments in the probe against the judge.
"And we've heard thoroughly all the justices confirming one aspect: the assault took place. And that is the truth. And since it took place, the respondents' change of tact, indicating that it never took place, led to the stressful tension within the bench in Cape Town, to the extent that a number of justices resolved not to sit with the respondent or share the bench with him."
Ndzengu says there is only one account that has been corroborated that Hlophe indeed assaulted Parker and that the version that no assault had taken place cannot be tested.