Chief justice asks Mkhwanazi and Masemola to back up allegations
Mkhwanazi was also urged to lodge formal complaints with the Judicial Service Commission and/or the Magistrates' Commission, where appropriate.
Chief justice Mandisa Maya, said the judiciary stands firm in its commitment to accountability and the rule of law.
'If any person, including Lt Gen Mkhwanazi, has credible evidence of unlawful or unethical conduct committed by a member of the judiciary, they are urged to report such matters to the legally mandated structures of the state. Unsubstantiated allegations, however, regrettably undermine the administration of justice and weaken public trust in our institutions, which are essential to upholding our constitutional democracy,' Maya said.
Mkhwanazi made damning allegations against police minister Senzo Mchunu on Sunday.
He accused the minister of interfering with police investigations and of being an associate of people with questionable characters.
He claimed that in 2024, a request was received from the Gauteng Organised Crime Investigation Unit for help in dismantling an organised crime syndicate operating across the country and controlled from Gauteng. Investigations revealed that the syndicate involved politicians, members of law enforcement (including SAPS, metro police and correctional services), prosecutors and members of the judiciary and was being controlled by a drug cartel in collaboration with certain businesspeople.
Reacting to the allegations, the judiciary said it noted the remarks with serious concern.
'Such claims, made without substantiation, are extremely damaging to public confidence in the independence and integrity of our courts — a fundamental pillar of our constitutional democracy,' the Office of the Chief Justice said in a statement.
The office said judicial officers were bound by the judicial oath or solemn affirmation of office to uphold and protect the constitution and the human rights entrenched in it, and to administer justice to all people alike without fear, favour or prejudice, as per the constitution and the law.
'As such, any suggestion of impropriety within the judiciary is treated with the utmost gravity. These bodies are constitutionally and statutorily mandated to investigate complaints against judicial officers. The JSC derives its authority from Section 178 of the constitution, read with the Judicial Service Commission Act, 1994 (Act 9 of 1994). Furthermore, the Magistrates Commission operates under the Magistrates Act, 1993 (Act 90 of 1993). Both institutions have well-established mechanisms to address allegations of misconduct, ensuring due process and fairness,' reads the statement.
Reaffirming its dedication to justice, transparency and the principles enshrined in the constitution, the Office of the Chief Justice said should any judicial officer be found to have acted unlawfully or unethically, appropriate action must be taken without hesitation.
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