Judge Parker guilty of gross misconduct by Judicial Conduct Tribunal
Judge Parker guilty of gross misconduct by Judicial Conduct Tribunal – Parker now faces potential impeachment
On 12 July 2025, the Judicial Conduct Tribunal, chaired by retired Judge President Bernard Ngoepe, found Western Cape High Court Judge Mushtak Parker guilty of gross misconduct and, consequently, of bringing the judiciary into disrepute.
Gross misconduct is the most serious form of judicial misconduct, and a judge found guilty may face impeachment and removal from judicial office.
Judge Parker faced two complaints before the Tribunal:
-
The first complaint (filed by ten judges of the Western Cape High Court) alleged that Judge Parker gave two contradictory and mutually destructive versions of an incident in which then-Judge President John Hlophe assaulted Parker in a fit of rage at the High Court building.
-
The second complaint (filed by the Cape Bar Council) alleged that Judge Parker, while he was an attorney, together with his law firm partners, misappropriated (stole) money belonging to clients of the law firm, and that he failed to disclose these misappropriations to the Judicial Service Commission when he applied to be a judge.
After hearing the testimony of six witnesses on the first complaint, and two witnesses on the second complaint, the Tribunal found Judge Parker guilty of gross misconduct on both counts.
The Tribunal report will now come before the Judicial Service Commission (sitting without Members of Parliament) for a final decision. The JSC will give Judge Parker and both sets of complainants an opportunity to make written representations on whether the JSC should confirm the Tribunal’s findings.
Should the JSC agree with the Tribunal and confirm that Judge Parker is guilty of gross misconduct, they may recommend that he be removed from office through the process of impeachment, in terms of section 177 of the Constitution.
No Comments