Commission wants Judge Parker placed on leave
THE Judicial Service Commission (JSC) said it would advise President Cyril Ramaphosa to place Western Cape High Court Judge Mushtak Parker on leave pending the findings of a tribunal probing gross misconduct.
The Judicial Conduct Committee (JCC) had earlier this year recommended that complaints lodged against Parker by 10 judges of the high court, as well as by the Cape Bar Council, be investigated by a tribunal.
Parker is accused of providing different versions of an alleged assault in chambers in February last year, involving himself and Judge-President John Hlophe.
The Bar Council had also complained to the JSC that when Parker applied to be a judge, he had given dishonest answers in a questionnaire aspirant judges complete ahead of their interview, and had not disclosed that a law firm to which he was connected had an R8 million deficit in its trust account.
The JSC on Wednesday night said it would advise Ramaphosa to suspend Parker in terms of section 177(3) of the Constitution.
“The JSC having considered the complaints, the submissions made by the parties and the recommendation made by the JCC, resolved to adopt the JCC’s recommendation and requested, in terms of section 19 of the JSC Act, the Chief Justice to appoint a Tribunal to investigate and report on the complaints.
“The JSC will, in terms of section 19(4) of the JSC Act, inform the President that it has requested the Chief Justice to appoint a Tribunal.
“Furthermore, the JSC will advise the President that it would be desirable for the President to suspend Judge Parker in terms of section 177(3) of the Constitution pending the finalisation of the complaints,” the JSC said.
Parker yesterday did not respond to a request for comment.