Judge may be removed

CONFLICT: CLAIMS JOHN HLOPHE ASSAULTED HIM, THEN THAT HE DIDN’T

Fails to disclose allegations of maladministration at firm he worked for.

Western Cape High Court Judge Mushtak Parker may be removed from office if the allegations against him turn out to be true.

Last month, Chief Justice Mogoeng Mogoeng tasked the Judicial Conduct Committee (JCC) with making a call on the seriousness of two complaints against Parker. This week, it handed down its decision: if established, the complaints would amount to gross misconduct and should be referred to a tribunal.

In terms of the constitution, there are only three categories of complaints which, if established, can get a judge kicked off the bench. These are gross misconduct, gross incompetence or incapacity. In terms of the Judicial Services Commission (JSC) Act, a tribunal is the only forum that has jurisdiction to investigate these categories of complaints.

The first complaint against Parker was lodged by 10 of his fellow Western Cape judges in March. Parker is said to have last year deposed to an affidavit outlining an alleged physical assault he had suffered at the hands of controversial Judge President John Hlophe in his chambers.

He also apparently recounted the alleged assault to several of his fellow judges and it formed part of the explosive complaint Deputy Judge President Patricia Goliath launched against Hlophe in January.

But Parker has since denied the alleged assault, saying “events may not have unfolded in the way