Chief Justice Mandisa Maya caught in a judge’s alleged misconduct row

2026-02-15 - 05:16

Two inmates have been granted permission to institute legal proceedings against Chief Justice Mandisa Maya over the handling of a judicial misconduct complaint against Gauteng High Court Judge Samuel Makamu. Sello Rathete and Maxwell Mavudzi have launched an urgent application in the Gauteng Local Division of the High Court in Johannesburg citing the chief justice, the Judicial Service Commission (JSC) and Makamu as respondents. The duo seeks to review and set aside a decision by Maya, in her capacity at the chairperson of the Judicial Conduct Committee (JCC), to refer their complaint against Makamu to the Judge President of the Gauteng Division, Aubrey Ledwaba, rather than allowing it to be finalised by the JCC. Complaint against Judge Makamu The dispute arises from Makamu’s handling of the criminal matter in which Rathete and Mavudzi were found guilty of defrauding the South African Revenue Service (Sars) of R100 million. Makamu ultimately sentenced them to 65 years behind bars, but the pair claim that in a judgment dated 23 November 2023, the judge falsely stated that he had written a “comprehensive judgment” admitting key data evidence. ALSO READ: ‘No sinister reason for delay’, says Chief Justice Maya on Phala Phala judgment They allege, in court papers, that this judgment was not authored by him and that he nevertheless relied on it in convicting them. They further claim that in an affidavit dated 12 September 2024, Makamu insisted under oath that he had written the comprehensive judgment. However, when he appeared before the JSC on 10 October 2024, he reportedly offered a different explanation, describing his earlier use of the terms “meantime” or “interim” in a 2019 ruling as a mistake. Inmates want investigation by JCC According to Rathete and Mavudzi, these differing versions are contradictory statements that should have triggered a full investigation by the JCC and potentially impeachment proceedings. They argue that dishonesty by a judge, particularly in a judgment relied upon to secure a conviction, constitutes gross misconduct. The applicants say they were informed in July and October 2024 that the complaint was being investigated by the JCC. Chief Justice Maya accused of downgrading complaint against judge However, on 29 October 2025 they were notified that the matter had instead been referred to the Head of Court. They contend that they were not provided with written reasons or the outcome of any JCC process, as required under section 17(6) of the Judicial Service Commission Act. After receiving no response to correspondence seeking clarity, the inmates sought consent in terms of section 47(1) of the Superior Courts Act to cite the Chief Justice. Deputy President of the Supreme Court of Appeal, Justice DH Zondi, granted that consent in January 2026. Acting Judge President AP Ledwaba also granted permission for Judge Makamu to be cited in his official capacity. In a further directive issued by the Acting Deputy Judge President, the urgent application has been allocated for hearing on 3 March 2026, with strict timelines set for the filing of opposing papers and heads of argument. ALSO READ: Judge Aubrey Ledwaba denies receiving R2.5m to release ‘KT’ Molefe on bail Rathete and Mavudzi argue that referring the complaint to the Head of Court effectively downgraded serious allegations of dishonesty and insulated Makamu from independent scrutiny. They also question how Makamu was recommended for permanent appointment by the JSC while the complaint was pending. READ NEXT: Eastern Cape Judge President Selby Mbenenge placed on special leave