Tribunal Finds Judge Mushtak Parker Guilty of Gross Misconduct
CAPE TOWN – The Judicial Conduct Tribunal has found Judge Mushtak Parker guilty of gross misconduct following serious allegations involving dishonesty under oath and professional impropriety. The decision has been widely welcomed by legal oversight groups, including Judges Matter, who have long called for greater accountability within South Africa’s judiciary.
The ruling stems from two separate complaints that cast doubt on Parker’s integrity and his fitness to serve on the bench. One of the complaints involved an alleged physical assault by former Western Cape Judge President John Hlophe, a case that sparked deep divisions within the judiciary and raised critical questions about judicial ethics.
The first complaint against Judge Mushtak Parker centers on a highly contentious claim that he was assaulted by Judge Hlophe in 2019 during a heated confrontation. Initially, Parker allegedly confirmed the assault under oath, only to later retract his statement, sparking confusion and suspicion among members of the judiciary and legal community.
The second complaint was submitted by the Cape Bar Council, which accused Parker of failing to disclose crucial information during his application to be appointed as a judge. The Bar Council argued that such an omission constituted a breach of ethical conduct and compromised the transparency expected of judicial officers.
Following a comprehensive investigation, the Judicial Conduct Tribunal concluded that there was no credible evidence to dispute the substance of either complaint. As a result, the tribunal found Judge Mushtak Parker guilty of gross misconduct, a ruling that could have significant consequences for his judicial career.
Background of Allegations Against Judge Mushtak Parker
Reacting to the tribunal’s ruling, Mbekezeli Benjamin, spokesperson for Judges Matter, expressed concern over Parker’s continued silence and lack of accountability.
“We are worried that Judge Parker has still not given any version to counter the very serious allegations against him,” said Benjamin. “He has not provided an explanation, shown any accountability, or expressed remorse. This undermines public confidence in the judiciary.”
Benjamin emphasized the importance of upholding ethical standards in the judiciary, noting that Parker’s failure to respond to the allegations or participate meaningfully in the process reflected poorly on the office he holds.
“Judges must be held to the highest standards of honesty, impartiality, and integrity,” Benjamin added. “When a judge is found guilty of gross misconduct, especially involving dishonesty, it shakes the very foundation of justice.”
While the Judicial Conduct Tribunal has made its ruling, the matter is not yet concluded. The case now moves to the Judicial Service Commission (JSC), which is responsible for reviewing the tribunal’s findings and making a final recommendation.
If the JSC confirms the finding of gross misconduct, it could lead to Judge Mushtak Parker’s suspension or removal from office, pending a resolution by Parliament. This process is rare and reserved for the most serious breaches of conduct by sitting judges.
Legal analysts say the JSC’s handling of the Parker case will be a key test of its willingness to enforce accountability within the ranks of the judiciary. “This is a critical moment for the JSC,” said constitutional law expert Professor Thandeka Mokoena. “Their decision will send a powerful message about whether misconduct, even at the highest levels, will be tolerated.”
The case against Judge Mushtak Parker has revived broader concerns about judicial accountability and the need for stronger ethical oversight mechanisms in South Africa’s courts. Advocacy groups have long warned that the lack of transparency and internal disciplinary processes can erode public trust in the rule of law.
“This isn’t just about one judge,” said Mbekezeli Benjamin of Judges Matter. “It’s about whether the public can believe in a justice system that polices its own ranks fairly and without fear or favor.”
The Parker-Hlophe saga has also deepened existing tensions within the judiciary. Former Judge President John Hlophe himself was found guilty of gross misconduct in 2021, following years of allegations involving interference in judicial matters. His case was similarly referred to Parliament for consideration of impeachment.
Judge Mushtak- Both incidents have highlighted the need for reform and greater transparency, particularly in how the judiciary handles complaints involving its most senior members.
As the legal community and broader public await the Judicial Service Commission’s decision, the case of Judge Mushtak Parker stands as a sobering reminder of the high ethical standards expected of those who serve in the judiciary. With growing pressure to ensure accountability, the outcome of this case could mark a turning point for judicial governance in South Africa.
Source- EWN
