The long-awaited Judicial Conduct Tribunal hearing for Judge Mushtak Parker, which has been delayed for nearly four years due to his health condition, is now set to commence next week. The hearing, scheduled for February 24-28, 2025, will take place virtually and could potentially result in Parker’s impeachment if he is found guilty of misconduct.
Parker faces serious allegations, including providing conflicting versions of an alleged assault by former judge president John Hlophe and lying under oath. According to his initial affidavit, Parker claimed he was physically assaulted by Hlophe in his chambers on February 25, 2019. However, a year later, Parker retracted this version, filing a contradictory affidavit, which has raised concerns regarding his credibility.
In January 2020, the case took a new turn when Western Cape Deputy Judge President Patricia Goliath lodged a 14-page complaint against Hlophe, accusing him of assault. Hlophe denied the allegations, countering that the accusations were malicious and based on gossip.
Additionally, another complaint surfaced, this time from the Cape Bar Council. It accused Judge Parker of failing to disclose crucial information during his application and interview to become a judge. This omission relates to his former law firm, which is under investigation for allegedly misappropriating over R8 million in client funds. As a partner in the firm, Parker’s role in these financial irregularities is under scrutiny.
The complaints were originally referred to the Judicial Conduct Committee by Chief Justice Mogoeng Mogoeng in May 2020, and after an investigation, the committee recommended that the case be taken up by a tribunal. In response, the Judicial Service Commission advised President Cyril Ramaphosa to suspend Parker, who has been on full pay since 2020 while awaiting the tribunal’s decision.
As the tribunal hearing approaches, all eyes are on the potential ramifications for Judge Parker’s career, with the possibility of impeachment on the line if he is found guilty of the misconduct allegations. The outcome of the hearing is expected to be pivotal for the integrity of the judiciary and its commitment to upholding transparency and accountability.
