The uMkhonto weSizwe Party (MK Party) has opened a criminal case against acting Gauteng High Court Judge Samuel Makamu over allegations of corruption. The case was opened at Boksburg North Police Station on Wednesday. According to the party, the allegations involve Makamu soliciting money in connection with an application for leave to appeal arising from an eviction matter. The MK Party is calling on Makamu to step aside from the bench while the allegations are being investigated.
Andile Mngxitama, a Member of Parliament for the MK Party, emphasized that allegations of corruption involving a serving judicial officer should be treated with the utmost seriousness. He stressed that public confidence in the judiciary depends on accountability and transparency. Mngxitama said the allegations should be subjected to a thorough and independent investigation, while ensuring that the process respects the principle that the judge remains innocent unless misconduct or criminality is established through the appropriate legal processes.
The allegations against Makamu were made by businessman and attorney Bouwe Wiersma, who lodged a judicial-conduct complaint. According to the complaint, Makamu allegedly requested R7 000, which was later reduced to R5 000, in connection with the application for leave to appeal. The complaint includes WhatsApp communications and banking records in support of the allegations. Wiersma alleges that the money was paid into a Capitec account linked to Makamu's family, although the identity of the account holder and the alleged connection to the judge are disputed.
The Judicial Conduct Committee (JCC) referred the complaint for investigation by a Judicial Conduct Tribunal. In its ruling, the committee said the allegations were sufficiently serious to warrant investigation, but the referral did not amount to a finding that Makamu had committed misconduct. Makamu has denied the allegations, stating that he did not communicate with Wiersma before or after the judgment, and did not solicit money or telephone the complainant.
MK Party spokesperson Sifiso Mahlangu said the party is determined to root out corruption in the judiciary and ensure that allegations against judicial officers are properly investigated. He argued that holding judicial office should not place anyone beyond scrutiny or accountability. Mahlangu said that, under normal circumstances, a person facing allegations of this nature would be suspended while an investigation was under way.
The MK Party's demand that Makamu step aside is aimed at protecting the integrity of the judicial process and maintaining public confidence in the courts while the allegations are being tested. The party's statement said it was not declaring Makamu guilty, but wanted the allegations placed before law-enforcement and judicial authorities for investigation. The judicial-conduct proceedings and any criminal investigation are separate processes.
The MK Party has emphasized that allegations involving the possible misuse of judicial office should be investigated transparently and impartially. The party has called on those responsible for any criminal conduct to be held accountable if such conduct is established. The case is set to proceed through the judicial-conduct and criminal investigation processes, with the outcome yet to be determined.
Key points
- The MK Party has opened a criminal case against Judge Samuel Makamu over allegations of corruption.
- The allegations involve Makamu soliciting money in connection with an application for leave to appeal arising from an eviction matter.
- The MK Party is calling on Makamu to step aside from the bench while the allegations are being investigated.