The Office of the Chief Justice has issued a statement following explosive testimony at the Madlanga Commission, where a witness alleged that R 2.5 million was paid to influence a bail ruling — a claim that has sent shockwaves through South Africa’s judiciary.
Chief Justice Mandisa Maya confirmed that she had spoken directly with Acting Judge President Aubrey Ledwaba, who was implicated by “Witness A” in the alleged payment to grant bail to controversial businessman Katiso ‘KT’ Molefe.
“Witness A told the commission he heard from an informer that R2.5 million was earmarked to secure bail for Molefe,” said Chief Justice Maya, adding that the claim, though unverified, “had the potential to damage public confidence in the Judiciary.”
Ledwaba has denied any wrongdoing and has reportedly sought legal counsel to present his side before the commission. He has, however, refused to take special leave, saying judges cannot be compelled to step aside.
“Judges cannot be compelled to take leave,” Maya acknowledged, “but the judiciary remains committed to impartiality and integrity. The matter is being closely monitored to protect public trust.”
This marks the second time Molefe has been granted bail on appeal by a high court. The first was in the Armand Swart murder case, where the same judge presided. Molefe was again granted R400 000 bail earlier this month.
Calls for substantiation
Judicial watchdog Judges Matter issued a strongly worded statement urging witnesses before the Madlanga Commission to substantiate their allegations with concrete evidence.
“The longer the allegations linger, the greater the damage they do to the judiciary’s integrity,” the organisation said.
“While stepping back is by no means an admission of guilt, we urge Judge Ledwaba to step back from his duties as Acting Judge President … to protect the dignity and integrity of the courts.”
The statement notes that under Section 14 of the Judicial Service Commission Act and Section 6A of the Magistrates Act, formal complaints must be filed under oath, with evidence, before any action can be taken. Until such affidavits are lodged, neither the Judicial Service Commission (JSC) nor the Magistrates Commission can launch investigations.
Origins of the scandal
The ongoing Madlanga Commission — established by Parliament to probe allegations of judicial corruption and interference — has been rocked by repeated revelations since former SAPS General Nhlanhla Mkhwanazi’s bombshell statement in July.
In his testimony, Mkhwanazi claimed that elements within law enforcement and the justice system were colluding with a drug syndicate — allegations that have since drawn in several senior figures, including Police Minister Senzo Mchunu (read more here).
The dramatic developments followed earlier hearings in which Mkhwanazi linked politicians, magistrates, and police officials to corruption networks undermining South Africa’s justice system.
(ALSO READ: How Malema saved Parliament’s ad-hoc committee from collapse)
What this means for the Madlanga Commission
Observers say the bribery allegations — though still unproven — may determine the credibility and long-term impact of the Madlanga Commission itself.
If substantiated, they could trigger disciplinary inquiries and potential suspensions within the judiciary. But if dismissed for lack of evidence, analysts warn the outcome could erode public faith in both the judiciary and the commission process.
In a related development, President Cyril Ramaphosa recently addressed the broader implications of Mkhwanazi’s claims, saying that “no one is above the law” and that justice “must be seen to be done.”
The road ahead
Chief Justice Maya reiterated that any judicial officer found to have acted unlawfully “would face swift action.”
“The Judiciary remains committed to serving all South Africans with impartiality and integrity,” she said.
The Madlanga Commission, meanwhile, continues with Witness C expected to take the stand on Friday, as public pressure mounts for evidence to either confirm or debunk one of the most serious accusations to hit South Africa’s courts in decades.
NOWinSA will continue to monitor developments at the Madlanga Commission as new testimony emerges in the days ahead.
