Gauteng deputy judge president (DJP) Aubrey Ledwaba has dismissed allegations that he accepted a R2.5m bribe from alleged underworld figure Katiso “KT” Molefe for allegedly ensuring Molefe was granted bail last year.
The allegations first surfaced at the Madlanga commission of inquiry in October, where individuals identified as Witness A and Witness B implicated Ledwaba in judicial misconduct. They claimed the judge showed undue leniency by granting Molefe R100,000 bail in a case involving the murder of engineer Armand Swart.
Ledwaba addressed the controversy on Tuesday during his interview with the Judicial Service Commission (JSC) for the position of judge president of the Gauteng Division of the High Court. His candidacy has faced formal objections from several organisations, including the Helen Suzman Foundation.
Ledwaba began the proceedings by outlining his professional background and addressing the shadow cast on his application.
He informed the commission that after the testimony at the Madlanga commission, he was notified by the chief registrar that the inquiry had requested copies of the Molefe proceedings and judgment. Ledwaba noted he was not given the opportunity to review these records before they were submitted.
This lack of prior review may have worked in his favour, he said. “Had I been given an opportunity to look at it, people might have thought I altered the record.”
After hearing the testimony of Witness A, Ledwaba instructed an attorney to contact the Madlanga commission to query why he had not been notified of evidence implicating him. While the commission initially assured him the matter would be handled and would not prejudice his application, Ledwaba told the JSC, “The commission hasn’t come back to me.”
During the interview, senior counsel (SC) Tembeka Ngcukaitobi asked directly whether Ledwaba had accepted money related to the Molefe bail application.
“I did not,” Ledwaba maintained. “I did not take any money in respect of this bail application. I don’t know Molefe at all. I have never met him. I dealt with the matter in the ordinary course of my duties.”
When questioned why a deputy judge president was presiding over a bail hearing — a task usually handled by judges — Ledwaba explained it was part of his leadership mandate. “I do this so that I am aware of what is happening in court … so that when judges complain about the workload, I have experienced it myself.”
He further defended the merits of his ruling, stating he provided clear legal substantiation for granting bail. “I fail to understand on what basis it is alleged that my judgment was poor,” he said, noting that while witnesses urged the prosecution to appeal against his decision, no appeal was ever filed.
Ledwaba argued that his appointment should not be delayed pending the final report of the Madlanga commission. He asserted that unproven hearsay should not cloud the JSC’s judgment, stating that holding back his appointment would be “against the best interests of the judiciary”.
“This application is not about me; it is about the Gauteng division. The division needs a leader,” he said, pointing out that other judges had been appointed to positions despite pending, unfinalised allegations.
The interview also touched on other high-profile cases. Ledwaba noted his involvement in the Senzo Meyiwa trial, where he presided over a bail application for the accused Bongani Ntanzi.
“Because no other judge was available and it was urgent, I adjudicated the matter and ruled that Ntanzi should not be granted bail,” he explained.
Ngcukaitobi further probed Ledwaba regarding the allocation of the International Pentecostal Holiness Church (IPHC) case to Judge Portia Phahlane, who faces charges of corruption. It was alleged that Phahlane had prior relationships with those involved in the bribery matter.
As the official responsible for case management and trial allocation, Ledwaba clarified that both legal teams had agreed Phahlane should preside. “There was nothing untoward … the parties did not object; in fact, they agreed she should deal with the trial.”
On the main reason for the interview process, Ledwaba shared his vision for the judiciary.
He highlighted the division’s heavy workload, noting that about 60% of cases in the Supreme Court of Appeal (SCA) originate from Gauteng.
“It is vital that this division maintains high standards. Quality judgments can only be made if appropriate judges are appointed,” he said.
Ledwaba pledged to increase women’s representation in the division and expressed his commitment to operational efficiency. “My main mission is that the bar should be raised.”
TimesLIVE
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