Gauteng High Court Judge Portia Dipuo Phahlane was released on R50,000 bail on Wednesday afternoon on allegations she accepted a bribe worth millions of rand in a long-running church leadership dispute.

Phahlane and three others, one of them being her son, were arrested on Tuesday night by the Directorate for Priority Crime Investigation (Hawks). 

The arrests form part of a major corruption and money-laundering investigation linked to the succession dispute within the International Pentecost Holiness Church (IPHC).

The group appeared in the Pretoria Specialised Commercial Crimes Court on Wednesday morning. 

The suspects are aged between 32 and 64. They face charges including corruption and money laundering.

Phahlane, appointed as a judge in 2021. Her arrest relates to allegations that she received payments in exchange for favourable rulings in the IPHC succession battle.

The IPHC, founded by Frederick Modise in the 1960s, became the subject of intense litigation after the death of his son, Glayton Modise, in 2016. 

Three factions are vying for the position of IPHC “comforter”: Modise’s sons Tshepiso and Leonard, who are contesting each other, and a third contender, Sandlana, who claims to be Modise’s biological son.

This case is believed to be the first in which a sitting South African judge has been criminally charged for alleged wrongdoing in a matter they were adjudicating.

Civil society organisation Judges Matter called on Phahlane to immediately step down from her judicial duties. The group said it was “shocked” by the arrest and urged the Judicial Service Commission (JSC) to advise the president to suspend her under Section 19 of the Judicial Service Commission Act of 1994.

“The allegations against the judge are extremely serious and strike at the heart of a judge’s constitutional duty to adjudicate legal disputes without fear, favour or prejudice,” the organisation said.

Judges Matter said the gravity of the allegations warranted the JSC taking the “extraordinary route” under Section 19(1)(b) of the Act: requesting that the Chief Justice appoint a Judicial Conduct Tribunal while simultaneously advising the president to suspend the judge. Such a step may be unprecedented.

Co-ordinator Alison Tilley said, “While the judge is innocent until proven guilty, the extreme seriousness of the allegations requires the JSC to act urgently to place the judge on suspension even at this early stage. Any delay would cause irreparable damage to the reputation of the judiciary.”

Hawks spokesperson Colonel Katlego Mogale said investigators had uncovered a money trail amounting to millions of rand that allegedly moved among the accused.

Acting Hawks head Lieutenant General Siphosihle Nkosi welcomed the arrests, saying they demonstrated the DPCI’s “unwavering commitment to tackling corruption at all levels.”

“The meticulous work by the Serious Corruption Investigation team, supported by our partners in the National Prosecuting Authority, reflects the strength of our collective resolve,” Nkosi said. 

“We will continue to pursue all those who abuse positions of trust and undermine the rule of law.”

IOL News

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