- The Judicial Conduct Committee upheld a complaint by Advocate Sekgame Shadrack Tebeile against Judge President George Phatudi.
- The committee said Judge President Phatudi should have stepped aside from a review application concerning a matter in which he had previously represented one of the parties as a lawyer.
- The ruling requires written apologies, a reprimand from the Chief Justice and a formal written warning.
The Judicial Conduct Committee has found Limpopo Judge President George Phatudi guilty of judicial misconduct because he did not step aside from a case where he had previously been a legal representative before he became a judge.
This followed a complaint by Advocate Sekgame Shadrack Tebeile. He argued that Judge President Phatudi should not have presided over part of a review application about a long-running traditional leadership dispute, as he had represented one of the parties before becoming a judge.
Chief Justice Mandisa Maya, who chaired the Judicial Conduct Committee, delivered the decision. The committee found that Judge President Phatudi had been grossly negligent in breaking the Code of Judicial Conduct and had acted in a way that was not fitting for a judge under the Judicial Service Commission Act.
Previous role in a traditional leadership dispute
The complaint was about a traditional leadership dispute involving Ntoshang Jack Mahlokoane. Tebeile said Judge President Phatudi had represented Mahlokoane before becoming a judge and later presided over a review application from the same dispute in the Limpopo Division of the High Court on 18 February 2020. The review application was taken off the roll, and the applicant was ordered to pay the costs.
Advocate Tebeile said Judge President Phatudi should not have heard any part of the case because he had previously been involved in it. He argued that Phatudi should have stepped aside to protect the public’s trust in the fairness of judges.
Phatudi denies conflict of interest
Judge President Phatudi denied any misconduct. He challenged parts of the complaint about his involvement in a provincial committee that dealt with traditional leadership claims. He insisted there was no real or perceived conflict of interest. He also said that because the review application was removed from the roll without looking at its merits, he did not need to step aside.
The committee disagreed, saying that removing the case from the roll and making a costs order was still an exercise of judicial power.
Committee finds recusal was required
The committee said that a judge who previously acted for a party in a matter must not later sit in on that matter after becoming a judge.
They also said the code protects not just against actual bias but also against situations that might make people doubt a judge’s impartiality.
After looking at the evidence, the committee concluded that Judge President Phatudi should have recognised the conflict created by his previous involvement and stepped aside, even if nobody had formally asked him to do so.
The committee said that Judge President Phatudi’s failure to recognise and act on his duty, in a case about the same traditional leadership claim he had previously worked on, was at least grossly negligent.
No evidence of actual bias
Even though the committee found no proof that Judge President Phatudi acted with bias, bad faith or improper motives, they said that his involvement created the appearance of partiality and undermined public confidence in justice.
The committee decided not to send the case to a Judicial Conduct Tribunal and found that remedial action was enough.
Sanctions imposed by the committee
Judge President Phatudi was told to send a written apology to Advocate Tebeile within 30 business days. The Chief Justice must also give him a written reprimand and a formal written warning at that time.
Advocate Tebeile was also ordered to apologise in writing to Judge President Phatudi within 30 business days because some of his allegations, like claims of actual bias and participation in committee decisions, were not supported by evidence.
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