Key Points
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Parker’s silence during the misconduct hearing has raised concerns.
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Allegations against Parker include lying under oath and nondisclosure.
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The Tribunal’s decision could determine Parker’s future in the judiciary.
The Judicial Conduct Tribunal has been hearing complaints against Western Cape High Court Judge Mushtak Parker.
The Tribunal’s hearing, which took place on April 29, scrutinized two major allegations of misconduct. In one case, Parker is accused of lying under oath.
In the second, the Cape Bar Council claims Parker failed to disclose important information when applying for his judicial position.
The Tribunal has been investigating these allegations, which could lead to Parker’s impeachment.
However, Parker has not called any witnesses or challenged the evidence. His silence during the hearing has drawn harsh criticism.
Many have called it “ugly” and unacceptable behavior for a judge. His refusal to defend himself has raised serious concerns about his fitness for office.
Corroborated evidence weakens Parker’s defense
Dr. Chris Ndzengu, the JSC evidence leader, stressed that judges must maintain high standards to keep public trust. He criticized Parker’s silence, saying it hindered the Tribunal from determining the truth.
Ndzengu pointed out that ten justices had corroborated part of the first complaint, especially regarding the alleged assault by Judge President John Hlophe.
Geoff Budlender, representing the complainants, argued that Parker’s conflicting versions of the assault have harmed the judiciary.
Budlender emphasized that Parker lied repeatedly and failed to acknowledge the truth. These lies, he said, had not only caused tension in the Cape Town bench but also harmed the credibility of the entire judiciary.
Budlender further argued that any judge who lies to the Judicial Service Commission undermines public confidence and is unfit for office.
Parker’s future in jeopardy as Tribunal weighs evidence
The Tribunal’s decision could have severe consequences for Parker’s judicial career. Retired Judge Bernard Ngoepe, who chaired the hearing, referred to physical evidence, including a damaged key, which suggested an altercation between Parker and Hlophe.
Parker’s lawyer, William King, defended his client’s silence, arguing it should not be viewed negatively. However, the overall perception of Parker’s behavior remains troubling.
The Tribunal has reserved its decision. If the allegations are upheld, Parker could face impeachment. This outcome would be a significant blow to the integrity of the judiciary.
