A controversial Limpopo lawyer has exposed the Provincial Division of the High Court Judge President George Phatudi’s attempts to influence him to destroy Violet Semenya’s aspirations of becoming a Deputy Judge President.
This is after Advocate Kevin Maluleke requested the Judicial Conduct Committee (JCC) to launch an investigation against Phatudi.
Maluleke alleged that Phatudi attempted to corrupt and persuade him to destroy Semenya’s aspirations of being elevated to the position of Deputy Judge President of the Limpopo Division of the High Court.
He said this was despite the recommendations of the Judicial Service Commission (JSC) on April 15, 2021.
Maluleke, a founder and President of the Amalgamated Lawyers Association, said Phatudi forwarded the Council for the Advancement of the South African Constitution’s (CASAC’s) review application from his email to Maluleke’s email and requested that he or his law firm should adopt the same approach and set aside the JSC’s recommendations.
Maluleke said this happened on April 9, 2021.
He added that Phatudi also intimated to him that Semenya was a useless woman and a mere magistrate who did not even deserve to be elevated to a Deputy Judge President or Judge.
Asked to comment regarding the allegations, Phatudi said his brief response to the alleged complaint raised by Maluleke is that since he has already referred it to the JSC’s complaint committee, no comment would so far be made regarding the merits of the allegations, and deemed the matter, therefore, to remain sub judice.
“You are, therefore, directed to raise any further enquiries in this regard with the media liaison unit of the Office of the Chief Justice,” said Phatudi.
Attempts to get a comment from Semenya were unsuccessful.
CASAC spokesperson Sibonelo Mavuso said the council could not comment on the allegations.
JSC secretary Mbali Mondlane said the JCC secretariat received the complaint and it would be considered by the committee.
Maluleke was struck off the roll of advocates for publicly levelling serious allegations against some judges in 2017.
He was described as “dishonest and someone who was not fit” to practice, in an affidavit by the Law Society of the Northern Provinces.
However, he said he was still practising as he awaited a ruling on an appeal he filed with the Constitutional Court.
He said he lodged his complaint against Phatudi in terms of section 14(1) read section 14(3)(b) of the Judicial Service Commission Act.
Maluleke added that Phatudi intimated to him that the JSC exaggerates the provisions of section 174(2) of the Constitution and that he does not believe that women must be prioritised for leadership positions and, thus, the foregoing gender disparity sentiments are quite regrettable and unfortunate.
“I am disenchanted by the conduct of MG Phatudi JP and, thus, the aforesaid infamy, corrupt and condescending conduct should further be seen against the backdrop of the attached proof of Short Message Service (sms) and phone calls from MG Phatudi JP’s mobile phone number that there was indeed communication between me and MG Phatudi JP,” said Maluleke.
He said he had intimated that the Amalgamated Lawyers Association was not established to target and destroy Judges and did not accede to his request and demands. He added that Phatudi’s conduct was conspicuously calculated to have an impact on the interview processes of the JSC and the recommendations of Semenya for the position.
Maluleke said Phatudi’s conduct was in conflict with Article 5(1) and (2) of the Code of Judicial Conduct which provides that a judge must always and not only in the discharge of official duties, act honourably and in a manner befitting judicial office.
He also breached Article 7(a) of the Code of Judicial Conduct which provides that a judge must all times, personally avoid and dissociate himself or herself from comments or conduct by persons subject to his or her control that are racist, sexist, or manifest discrimination in violation of the quality guaranteed by the Constitution, said Maluleke.
He said Phatudi’s conduct also amounted to a gross violation of the founding principles, provisions or values of the Constitution by referring to Semenya as a useless woman and mere Magistrate who did not even deserve to be elevated to the position of Deputy Judge President of the Limpopo Division of the High Court, or a Judge.
Sunday Independent
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