Western Cape High Court Judge Mushtak Parker has been found guilty of gross misconduct by the Judicial Service Commission. Western Cape High Court Judge Mushtak Parker has been found guilty of two counts of gross misconduct by the Judicial Service Commission (JSC). The ruling comes after a Judicial Conduct Tribunal’s investigation last year.
The JSC said it met on October 13 last year without members of Parliament present, to consider the tribunal’s report, the record and transcript of proceedings, and Judge Parker’s written submissions. The tribunal was constituted under sections 19 and 21 of the Judicial Service Commission Act 9 of 1994. The findings arise from two separate complaints against Parker, one lodged on March 23, 2020 by 10 judges of the Western Cape Division of the High Court, and another by the Cape Bar Council.
In relation to the complaint by the judges, Parker was found to have acted dishonestly by giving two “contradictory and mutually exclusive” versions of an incident that allegedly took place in his chambers on February 25, 2019 involving then Judge President John Hlophe. In one version,Parkeralleged that Hlophe assaulted him in a fit of rage. In another, he stated that no assault occurred.
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