Gauteng acting judge president Aubrey Ledwaba has asked to be afforded an opportunity to give his side of the story at the Madlanga commission.
This was after “Witness A” testified at the commission on Tuesday that he had heard from an informer that R2.5m was earmarked to secure bail for murder accused Katiso “KT” Molefe although the witness did not know if this money was intended for Ledwaba, or the public prosecutor.
“This testimony, an allegation yet to be tested and proved at this stage, still has the potential of damaging the integrity of the judiciary and we reiterate a plea which the judiciary has issued on numerous previous occasions – that any person who has evidence of a judge’s misconduct must promptly lodge a complaint against that judge with the Judicial Conduct Committee of the Judicial Service Commission (JSC)," the judiciary said.
The judiciary said the JSC was the constitutional body with the lawful mandate to investigate any alleged misconduct by a judge and recommend the suspension of the judge to the president. This process of the JSC is triggered by a formal complaint on oath, which has not been done in this case.
“The chief justice has, however, discussed the matter with Ledwaba AJP, including the possibility of granting him special leave pending finalisation of the Madlanga commission.”
Ledwaba, who strenuously denies receiving any money to grant Molefe bail, indicated he would not take special leave, which a judge may not be forced to take and applies for voluntarily.
“He has also indicated that he is seeking legal advice and expressed a wish to be afforded an opportunity to give his side of the story at the Madlanga commission.”
The judiciary acknowledged its obligation to ensure that appropriate action was taken expeditiously where any judicial officer was found to have acted unlawfully or unethically.
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