Advocate Anthony Brink insists South African judiciary ‘irredeemably corrupt’, states intention to approach international intelligence agencies

Advocate Anthony Brink has shared insight into his ‘intelligence report’ where he alleges the South African judiciary was corrupt. Photographer: Armand Hough / Independent Newspapers

Advocate Anthony Brink has shared insight into his ‘intelligence report’ where he alleges the South African judiciary was corrupt. Photographer: Armand Hough / Independent Newspapers

Published Dec 7, 2023

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Disgruntled advocate Anthony Brink reaffirmed his claims that the South African judiciary was “irredeemably corrupt”, and he intended to implore international intelligence agencies to launch investigations into the system.

Brink authored a 54-page “specimen draft intelligence report” that he allegedly prepared for Thembisile Majola, the recently resigned Director-General of the State Security Agency (SSA).

In it, he has made numerous claims against Judge President Dunstan Mlambo, the former chairperson of Legal Aid, and several other prominent judges.

On Wednesday night, Brink elaborated on his claims during a discussion hosted by Areta leader Carl Niehaus on social media platform, X.

Brink told listeners that his complaints against judges were impeachable offences that had been ignored by the higher echelons of government, and he believed there was an intentional cover-up occurring.

“It is very shocking as I have been the victim in the most savage way possible for complaining about these judges,” Brink said.

He said that he has now come to the point where he regards the judiciary as “irredeemably corrupt”.

“I don’t know what to do. I will bring international attention to this, including the Central Intelligence Agency (CIA). I will be putting this report about.

“The system isn’t working,” he said.

Last month, United Democratic Movement (UDM) leader Bantu Holomisa asked the Joint Standing Committee on Intelligence to investigate the explosive report. At the time, Holomisa understood the report to be written by Majola and asked the chairperson of the committee, Jerome Maake to interrogate the allegations.

“It contains highly shocking and damaging assertions that could affect the local and international integrity and reputation of the South African judiciary and several prominent judges, as well as have implications for the Judicial Conduct Committee and Legal Aid South Africa.

“Given the length of the report and the detail given therein, it strikes one as having been made of a considered mind and that this information should be deemed of critical national importance,” said Holomisa.

The SSA distanced itself from Brink’s report.

“The State Security Agency has noted with concern, a document that is doing the rounds on social media purporting to be some intelligence report of judicial corruption, which is allegedly written by the Director General, ambassador, Thembisile Majola. The State Security would like to distance itself and the Director General from such a report. No further comment will be made in this regard.”

The Office of the Inspector-General of Intelligence (OIGI) also said its preliminary investigation into the report confirmed it was not an official product of the SSA or any of the intelligence services overseen by the OIGI.

In a statement, the Johannesburg Society of Advocates said that unwarranted accusations about the integrity of judges were designed to weaken the fabric of a democratic system.

“The conspiracy type allegations advanced by the author [Brink] are plainly intended to damage the integrity of the legal process and to erode public trust in the impartiality and integrity of the judiciary.

“The JSA condemns this current malign attack on the Judiciary and calls on all relevant stakeholders to do likewise,” the statement read.

Earlier this week, Chief Justice Raymond Zondo and Mlambo called for legal bodies in the legal profession to step up in providing protection and support when judges come under unwarranted attack amid political sparring aimed at the judiciary. They were addressing the press at the Judges’ Conference taking place at Sun City.

Brink, who is also known as an outspoken Aids dissident, claimed in a 2014 interview with IOL that he was overlooked for a Legal Aid job because he is “acutely unpopular and widely reviled”.

He challenged Legal Aid South Africa's decision in the Durban Labour Court where he claimed that he had been unfairly discriminated against when his appointment as senior litigator was stopped in 2010. At the time, Judge Hamilton Cele dismissed Brink’s application with costs.

kailene.pillay@inl.co.za

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