Chief Justice Mandisa Maya has voiced concern over the arrest of Pretoria High Court Judge Portia Phahlane on corruption charges, announcing that the judge will be placed on special leave with immediate effect while the case is finalised.

“It is with grave concern that the judiciary notes the arrest of Judge Portia Phahlane, stationed at the Gauteng Division of the High Court, Pretoria, on charges of corruption,” Maya said.

“The judiciary is the cornerstone of our constitutional democracy, and any imputation of conduct that undermines its integrity and authority is treated with the utmost seriousness.”

Maya said the arrest comes at a time when public confidence in the courts is already under strain.

Phahlane, 57, her son Kagiso Phahlane, 32, International Pentecost Holiness Church (IPHC) leader Bhekumuzi Mike Sandlana, 64, and Vusi Ndala, 49, were arrested late on Tuesday night by the Hawks. 

The arrests form part of a major corruption and money-laundering investigation linked to the IPHC succession battle.

Appointed in 2021, Phahlane is accused of receiving payments in exchange for favourable rulings in the IPHC dispute. 

It is believed to be the first case in which a sitting South African judge faces criminal charges for alleged wrongdoing in a matter they adjudicated.

The dispute stems from the death of church leader Glayton Modise in 2016, after which three factions emerged: his sons Tshepiso and Leonard Modise, who are in contest with each other, and Sandlana, who claims to be the biological son of Frederick Modise. 

Ndala acts as spokesperson for Sandlana’s faction.

Moya said recent statistics showing a decline in public perception of the judiciary were “deeply worrisome”.

“However, it is in moments of crisis that institutions are tested and must demonstrate their resilience. The unprecedented arrest of a judge, while deeply disturbing, also demonstrates that the country’s law-enforcement apparatus and mechanisms of accountability are in motion.

“It shows that no individual, regardless of position, is above the law or beyond its reach.”

She added that the development aligns with the judiciary’s long-standing call for anyone with evidence of wrongdoing by judicial officers to report it to the relevant authorities.

“That call is repeated now. If there is rot in the judiciary, it must be exposed in compliance with the relevant legal prescripts, and the full might of the law brought to bear against judicial officers found guilty of crime or misconduct,” she said.

Maya stressed that Phahlane is entitled to the presumption of innocence and a fair legal process.

“Thus, we must allow the independent legal process to run its course without prejudice or preconceived judgment.”

She said the judiciary would cooperate with law-enforcement and prosecuting authorities while respecting the independence of those processes. Measures would also be implemented to ensure that cases originally assigned to Phahlane continue without disruption.

“Judge Phahlane will be granted special leave with immediate effect pending the finalisation of the criminal proceedings against her, while the process for her suspension from duty is being considered.”

Maya said the case underscores the importance of a robust and transparent system for swiftly handling complaints against judicial officers. 

Reforms to judicial-conduct mechanisms are under way to ensure impartial and timely investigations.

“The judiciary implores the nation to have faith in the resilience of our constitutional order. The rule of law is not weakened when an individual is held to account – it is strengthened. This challenge will be navigated with a steadfast commitment to the principles that define us: judicial independence, accountability, impartiality and the unwavering pursuit of justice.”

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

Phahlane, who faces charges of fraud and money-laundering, was ordered not to enter the High Court and not to interfere with witnesses. 

She was granted bail of R50,000, while her son and Ndala were each granted R10,000 bail.

Sandlana was kept in police custody, and a formal bail application will be heard in a week.

National Prosecuting Authority (NPA) spokesperson Lumka Mahanjana said all four accused collectively face 19 counts of corruption.

“It is alleged that between 2021 and 2022, Ndala and Sandlana made payments of about R2.4 million on different occasions to different bank accounts, to and for the benefit of Judge Phahlane, for her to preside over Sandlana’s ongoing civil case in the High Court and ultimately rule in his favour,” she said.

The NPA said intensive, prosecution-led investigations by the Hawks’ Serious Corruption Investigation unit led to the arrests between Monday and Tuesday.

Bail conditions include not interfering with the investigation or witnesses, handing in passports and any travel documents to the investigating officer by Friday, November 28, 2025, and not applying for new travel documents. 

The State did not oppose bail for Phahlane and the two others, as they were not deemed flight risks. 

However, the State intends to oppose bail for Sandlana.

His bail application will be heard on December 3, 2025. The case against the other three accused was postponed to March 6, 2026, for further investigation.

IOL News

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