Chief Justice to visit Mthatha High Court over bribery allegations

Daily Maverick

12-05-2025

The visit follows the submission of an anonymous letter to the acting Eastern Cape judge president, detailing how Mthatha officials allegedly solicit bribes from attorneys before doing routine tasks.
South Africa's Chief Justice Mandisa Maya will visit the Mthatha High Court on Tuesday in the wake of allegations that the court's administrative officials demand bribe payments from attorneys of up to R15,000 before processing civil cases before the court.
The Office of the Chief Justice, the government department that provides administrative support to South Africa's high courts and judges, confirmed on Friday night that Maya will be briefed in Mthatha by acting Eastern Cape Judge President Zamani Nhlangulela.
'The OCJ appreciates the public interest generated by the perception of impropriety in the Mthatha High Court and is prepared to account fully and transparently to the public on this matter in due course,' it said.
It was the department's first acknowledgment of the existence of an anonymous letter of complaint submitted to Nhlangulela and then acting deputy judge president of the Mthatha court, Bantubonke Tokota, in December 2024, and the first indication that Maya was attending to the allegations of corruption contained in the letter.
Earlier, Minister of Justice and Constitutional Development Mmamoloko Kubayi expressed 'grave concern' over the 'deeply troubling and wholly unacceptable' allegations.
Kubayi briefly met Mthatha judges and court manager Mzwabantu Mhlontlo last week following a visit to the family of prosecutor Elona Sombulula, who was shot dead outside his home in Bityi on 29 April.
She committed to 'ensuring the integrity of the courts and protecting the rights of all who rely on the justice system', directing officials in her department to work closely with other government officials to verify the allegations and ensure a thorough investigation was carried out.
The anonymous letter detailed how Mthatha officials allegedly solicited bribes from attorneys before doing routine tasks such as retrieving supposedly 'missing' case files (for a bribe of R2,000 per file), allocating court dates (a bribe of up to R15,000 per date), transcribing court orders (R5,000) and expediting the taxation of legal costs (R15,000).
The letter named nine officials accused of extorting bribes. These officials work in various departments and range from junior typists to senior managers. They included the court's registrar, Babalwa Sidima.
Both Maya and the OCJ kept mum for five months about the letter and the allegations it contained.
On 5 May Daily Maverick published details of an investigation by the Southern Africa Accountability Journalism Project to corroborate the allegations in the letter, including interviewing more than 20 attorneys and advocates who regularly work in the Mthatha court.
The gist of that investigation was that 'blatant' corrupt practices in the Mthatha court went back over two decades, were an open secret and known by 'everyone', although attorneys were unwilling to come forward with formal complaints for fear of being victimised by their colleagues or court officials.
Reporters sent a detailed request for comment to the two senior EC judges, and copied it to Maya, the acting superintendent general in the OCJ, advocate Marelize Potgieter, and OCJ spokesperson Lindokuhle Nkomonde.
In response the OCJ said it had 'zero tolerance for fraud and corruption' and treated such complaints 'with seriousness, urgency and sensitivity'. But it also warned journalists 'to act in a manner that safeguards the integrity of the processing of legitimate complaints'.
Friday night's OCJ statement on Maya's visit to Mthatha reiterated this reference to 'all stakeholders in the fight against fraud and corruption, including the media' safeguarding processes.
The statement also revealed that the OCJ had instituted a forensic investigation after receiving the December 2024 anonymous letter and was working closely on the matter with 'relevant law enforcement agencies'.
It said that on Tuesday Maya will be briefed by Nhlangulela and will discuss expediting the roll-out of the Court Online system in the division, the OCJ confirmed.
Court Online is an electronic system that allows attorneys' firms and litigants to manage court administrative processes in their cases before the court – including the submission of documentation such as affidavits – online.
It has been fully implemented in the Gauteng High Court and is being rolled out across the country.
In her comments through spokesperson Terence Manase, Kubayi also raised the prospect of the online platform 'reducing opportunities for misconduct', through 'automated court date allocations to help prevent fraudulent practices such as the selling of court dates'.
She confirmed that training for Court Online users at the Mthatha High Court would be conducted in the coming weeks.
Representative bodies for legal professionals in the Eastern Cape also commented on the corruption allegations.
The Mthatha chairperson of the National Association of Democratic Lawyers, Odwa Nyembezi, said that no formal complaints had been brought forward 'but as practising attorneys, we have heard rumours. If this is true, this would delay the justice clients so desperately seek. Practitioners who have been affected should come forward.'
Wild Coast Attorneys' Association chairperson Vuyani Msindo agreed that it was impossible to act on rumours: 'As things stand, no one has come forward to say court officials have solicited bribes from them. Our hands are tied because all we have now is hearsay.'
The Black Lawyers Association's EC deputy chairperson, Odwa Mgxaji, dismissed the corruption allegations as unfounded, while stating the organisation was 'aware of orders getting delayed and files going missing'. Delays were due to the large number of law firms in Mthatha and the volume of litigation against the Road Accident Fund.
'Act decisively'
Academics in the University of the Western Cape's law faculty called on the Legal Practice Council to 'act decisively and institute proceedings where necessary' against attorneys involved in bribery of Mthatha officials.
Professors Abraham Hamman and Robert Nanima acknowledged that providing infrastructure and technology to digitise systems was crucial in preventing corruption and ensuring efficiency in the courts.
They said 'the only effective way' to address this corruption was 'to hold offenders accountable, whether through disciplinary action or criminal prosecution'.
'Lawyers must refrain from any conduct that involves paying or accepting bribes; such conduct is criminal and violates professional ethics. They must firmly and unequivocally reject any hint of bribery or quid pro quo arrangements. If approached by an official requesting payment for favours, lawyers have a duty to report such behaviour to that person's superiors.'
But, the academics said the lack of whistle-blower and witness protection discouraged people from coming forward with information about corruption, and to testify under oath in criminal proceedings before the courts.
'The legal system requires formal charges, affidavits and testimony that can withstand cross-examination. Only when we reach this level of accountability will we be able to successfully prosecute offenders.
'One reason bribery occurs is that individuals believe they can get away with it, and there is a lack of accountability. The slow pace of justice and clogged court rolls create opportunities for unethical shortcuts.'
The academics said that while there was 'no clear evidence to suggest that corruption' within the courts was systemic, 'the broader issue of systemic corruption in the country', as highlighted by the State Capture Commission, underpinned corruption by court officials. DM