Judicial Conduct Tribunal for Western Cape High Court Judge Mushtak Parker
In October 2020, the Judicial Service Commission resolved to establish a Judicial Conduct Tribunal to investigate two misconduct complaints against Western Cape Judge Mushtak Parker.
In the first complaint, Judge Parker was accused of the cardinal sin of lying under oath by first deposing to an affidavit stating that he was physically assaulted by then Judge President John Hlophe, and then, approximately a year later, retracting that version in a contradictory affidavit. The Judicial Conduct Committee found that this conduct might constitute gross misconduct worthy of impeachment and recommended that a Tribunal investigate the matter.
In the second complaint, the Cape Bar Council accused Judge Parker of misconduct for failing to disclose pertinent information in his application and interview for judicial appointment, effectively amounting to a lie by omission. The undisclosed information related to the professional affairs of his former law firm, which the Legal Practice Council alleged had misused over R8 million of client monies through long-standing trust account deficits. Judge Parker was a partner in the firm at the relevant time.
Both complaints were referred to the Tribunal because, if substantiated, they could lead to a finding of gross misconduct and the removal of Judge Parker from office.
In both the Ten Judges’ and the Cape Bar Council’s complaints, Judge Mushtak Parker was accused of misconduct so extremely serious that it constituted gross misconduct.
In terms of section 177 of the Constitution, there are only three grounds upon which a judge may be removed from office: incapacity, gross incompetence and or gross misconduct. The Judicial Conduct Tribunal was the only body with the jurisdiction to investigate these grounds and make a finding which may lead to a judge being removed from office.
In relation to Judge Parker, both complaints were preliminarily found to be at the level of gross misconduct. The Judicial Conduct Tribunal was therefore required to investigate both complaints.
In relation to the first complaint, Judge Parker was accused by ten judges of the Western Cape High Court of lying under oath about an assault on him by Judge President John Hlophe.
Integrity was and remains central to an independent judiciary and the trust the public places in its judges. The rendering of conflicting, mutually destructive versions in an affidavit under oath constituted one of the most serious violations of judicial integrity.
As the Judicial Conduct Committee found, if there was no assault, then Judge Parker misled several of his fellow judges into believing that there had been an assault against him and would have falsely implicated the Judge President in such an assault. If, on the other hand, there was an assault, it would have been grossly dishonourable for Judge Parker to:
- corroborate Judge President Hlophe’s version that the assault did not happen when he knew this to be untrue;
- corroborate Judge President Hlophe’s version under oath and submit this to the Judicial Conduct Committee in aid of Hlophe’s complaint against Deputy Judge President Goliath; and
- expose Deputy Judge President Goliath to the subsequent criticisms made by the Judge President.
In relation to the second complaint, the Cape Bar Council alleged that Judge Parker failed to disclose crucial information about the professional affairs of his law firm when he applied to be a judge and effectively lied by omission. Judge Parker’s failure to disclose relevant information when he applied to be a judge raised serious questions about his integrity. If substantiated, this could and did lead to a finding of gross misconduct, as Judge Parker would have:
- acted in breach of the professional rules of the Legal Practice Council over a long period by failing to disclose to the regulator when there were deficits in the trust accounts of his law firm’s clients, which is a serious violation; and
- acted in breach of judicial ethics by failing to disclose, in his application questionnaire and in the interview before the Judicial Service Commission, such a grave matter as a deficit in a client’s trust account.
The Judicial Conduct Tribunal was therefore required to fully investigate both complaints and determine the truth.
The Tribunal conducted its investigation through:
- collecting evidence;
- conducting a formal hearing;
- making findings of fact; and
- making a determination on the merits of the allegations levelled against Judge Parker.
The Tribunal was entitled to subpoena documents and did call witnesses to testify at the hearing. Judge Parker was entitled to legal representation at the hearing.
Following the conclusion of the hearing, the Tribunal submitted its report to the Judicial Service Commission, which ultimately found Judge Parker guilty of gross misconduct.
July 2025 :
The Judicial Conduct Tribunal found that Judge Parker committed gross misconduct.
January 2026:
After the Judicial Service Commission considered the Tribunal’s report, record, and Judge Parker’s submissions in October 2025 the JSC concurred with the Tribunal’s findings, rejected Judge Parker’s explanations and mitigating arguments, and found that his conduct was deliberate.
The JSC resolved to recommend removal proceedings and to refer the matter to the Speaker of the National Assembly in terms of section 177(1)(a) of the Constitution.
The matter now lies before the National Assembly.
In terms of section 177 of the Constitution:
Parliament must consider the JSC’s recommendation.
A judge may be removed from office only if at least two-thirds of the National Assembly votes in favour of removal.
If such a resolution is adopted, the President must remove the judge from office.
Judges Matter will closely monitor the parliamentary process. Timely and transparent handling of this matter is critical for maintaining public confidence in judicial accountability mechanisms.
The Parker matter is one of the most serious judicial misconduct cases since the time of democracy. It involves allegations of dishonesty under oath and failures to safeguard client trust monies. It tests whether South Africa’s constitutional mechanisms for judicial accountability function in practice, not only in principle.
January 2020:
Western Cape Deputy Judge President Patricia Goliath filed a 14-page detailed complaint with the JSC against Judge President Hlophe and Judge Gayaat Salie-Hlophe. The complaint referenced the physical assault of a judge, unnamed at the time but widely understood to be Judge Parker. Shortly after the complaint was lodged, Parker attempted to retrieve and retract the affidavit detailing the alleged assault.
7 February 2020:
Judge President Hlophe responded to the Goliath complaint and laid a counter-complaint against DJP Goliath, denying any assault and stating that Parker had agreed that no assault took place.
23 March 2020:
Judge Dennis Davis deposed an affidavit confirming the validity of the original assault complaint and stated that several judges had been informed of the assault and Parker’s affidavit.
26 March 2020:
Ten Western Cape High Court judges lodged formal complaints against Judge Parker with the JSC, accusing him of providing contradictory versions under oath. The complainants were Judges Dennis Davis, Siraj Desai, Yasmin Shenaaz Meer, Lee Bozalek, Ashley Binns-Ward, Elizabeth Steyn, Patrick Gamble, Robert Henney, Owen Rogers, and Mark Sher.
31 March 2020:
The Cape Bar Council lodged a complaint against Judge Parker relating to his failure to disclose long-standing trust account deficits at his former law firm.
29 April 2020:
Judge Wille submitted an affidavit confirming the circumstances under which Parker deposed to the original affidavit and his role in drafting and safeguarding it.
29 May 2020:
The complaints were referred to the Judicial Conduct Committee by Chief Justice Mogoeng Mogoeng.
11 June 2020:
The Judicial Conduct Committee found that the complaints, if established, prima facie indicated gross misconduct and recommended the establishment of a Judicial Conduct Tribunal.
Read: Judicial Conduct Committee findings
14 October 2020:
The JSC adopted the JCC’s recommendation, appointed a Tribunal, and advised President Cyril Ramaphosa to suspend Judge Parker pending the outcome. The suspension was described as a constitutional first since democracy.
October 2020:
The Tribunal was postponed indefinitely due to Judge Parker’s health.
Tribunal proceedings
24 February 2025:
The Judicial Conduct Tribunal concluded witness testimony in a marathon session in which all ten witnesses testified in one day. Witnesses included eight current and former judges of the Western Cape High Court, Advocate Andrew Breytenbach SC, and Mr Irfaan Parker, Judge Parker’s brother and former law firm partner.
29 April 2025:
Closing arguments were heard. All parties confirmed their evidence and argued that Judge Parker had failed to meaningfully challenge the serious allegations against him. Both complainants and the evidence leader argued for a finding of gross misconduct and for impeachment under section 177(1)(a) of the Constitution.
Judge Parker’s submissions focused primarily on procedural arguments, particularly whether the Tribunal could recommend impeachment, and indicated that mitigation would be addressed at the JSC stage.
January 2026 Update: Tribunal findings upheld, and removal proceedings triggered
In January 2026, the Judicial Service Commission (JSC) confirmed the findings of the Judicial Conduct Tribunal, which stated that Western Cape High Court Judge Mushtak Parker had committed gross misconduct.
The JSC resolved to recommend removal proceedings against Judge Parker in terms of section 177(1)(a) of the Constitution and has referred the matter to the Speaker of the National Assembly. This decision opens the door to Judge Parker’s possible impeachment by Parliament.
The JSC found that Judge Parker’s conduct was deliberate, rejected his explanations and mitigating arguments, and concurred fully with the Tribunal’s findings.
The matter has now moved from the judicial discipline phase into the parliamentary accountability phase.
The Parker Tribunal is made up of retired Gauteng High Court Judge President Bernard Ngoepe as Tribunal President, alongside retired Gauteng High Court Judge Cynthia Pretorius and Advocate Gift Mashaba SC from the Pretoria Bar as additional members.
In terms of section 24(1) of the JSC Act, the Tribunal is entitled to appoint a member of the National Prosecuting Authority as evidence leader, after consultation with the Minister of Justice and the National Director of Public Prosecutions. The Parker Tribunal has appointed as evidence leader Eastern Cape Director of Public Prosecutions, Advocate Barry Sonwabo Madolo.
Yes.
The Judicial Conduct Tribunal found that Judge Parker committed gross misconduct. The Judicial Service Commission upheld that finding and has invoked Section 177(1)(a) of the Constitution by referring the matter to Parliament for possible impeachment.
OFFICIAL MEDIA STATEMENTS:
- Western Cape Bar Council Affidavit
- Deputy Judge President Golaith complaint against JP Hlophe
- Chief Justice Mogoeng findings and recommendations
- Judicial Conduct Committee decision on complaints against Judge Parker
RELATED PRESS ARTICLES:
- 22 Jan 2020 | Sex, lies, physical assault and court rigging – all in a days work for John Hlophe, claims his deputy| DM
- 26 March 2020 | Ten Western Cape High Court Judges file official complain to the JSC in Judge President John Hlophe assault saga | DM
- 31 March 2020 | R8 million shortfall | Cape bar council lodges complaint with JSC against Judge Mushtak Parker | DM
- 18 May 2020 | Two complaints against Western Cape High Court Judge Mushtak Parker have been referred to the JSC | News24
- 3 June 2020 | Hlophe attack on judge revealed in damning affidavit | SALawyer
- 11 June 2020 | Judicial Conduct Committee finds prima facie gross misconduct by Judge Mushtak Parker | M&G
- 12 June 2020 | Tribunal ‘must investigate’ two complaints against judge Mushtak Parker | Times Live
- 12 June 2020 | Judicial Conduct Committee finds prima facie gross misconduct by Judge Mushtak Parker | M&G
- 12 June 2020 | The Judicial Conduct Committee has recommended that Western Cape Judge Mushtak Parker face an impeachable conduct tribunal to investigate whether he has brought the judiciary into disrepute.”| M&G
- 16 Oct 2020 | Ramaphosa advised to suspend high court judges over GROSS misconduct claims | Times Live
- 16 Oct 2020 | Judge Mushtak Parker faces suspension for gross misconduct | DM
- 20 Oct 2020 | Judge vs Judge: Hlophe hits out at Mogoeng, claims he ‘instigated complaint against me’ | Polity
- 24 Nov 2020 | Judge Parker still at work as Judge Hlophe defies president, JSC and Office of the Chief Justice | DM