High Court judge Portia Phahlane was granted bail on Wednesday
Pretoria High Court judge Portia Phahlane, her son and another co-accused have been released on bail as pressure grows for the judge to be suspended.
Phahlane, her son Kagiso Phahlane, International Pentecostal Holiness Church (IPHC) leader Michael Sandlana, and Vusi Ndala appeared in the Pretoria Specialised Commercial Crimes Court on Wednesday, facing charges of corruption and money laundering.
Their appearance came a day after all four were arrested on Tuesday.
The charges relate to accusations of corruption involving a case about the IPHC’s leadership dispute, which Phahlane had overseen.
It is alleged that Sandlana paid R2 million in bribes, including substantial cash payments, to Phahlane in exchange for a favourable ruling.
Judge Portia Phahlane and co-accused granted bail
During Wednesday’s proceedings, Phahlane said in her affidavit that she had no prior convictions and intends to plead not guilty.
She emphasised her strong ties to Pretoria and added that she is not a flight risk.
Kagiso’s legal representative said that his client could only manage R5 000 bail because of his age, a monthly income of R17 000 and the fact that he lives with his mother.
The lawyer also mentioned that R50 000 bail was “suitable” for Phahlane, even though it was initially seen as steep.
Ndala’s attorney requested R10 000 bail, highlighting that his client voluntarily surrendered to the police.
“That amount is an amount that we have available immediately,” the lawyer said, adding that additional funds could be arranged if required.
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The state requested that Phahlane surrender her passport by 4pm on Friday and be barred from entering the buildings of the high court.
Ultimately, only Phahlane, her son and Ndala were granted bail.
Sandlana will remain in custody.
Portia Phahlane was granted R50 000 on seven counts, Kagiso Phahlane R10 000 on two counts and five counts on Vusi Ndala with R10 000
Calls for suspension intensify
Judges Matter, a civil society organisation monitoring the judiciary, expressed “shock” at Phahlane’s arrest and called for her to immediately step down.
The organisation urged the Judicial Service Commission (JSC) to appoint a judicial conduct tribunal and recommended her suspension by President Cyril Ramaphosa, citing the “extremely serious” nature of the allegations.
“We are deeply shocked and very concerned at this turn of events,” Judges Matter coordinator Alison Tilley said in a statement on Wednesday.
“While the judge is innocent until proven guilty by criminal law standards, the extreme seriousness of the allegations requires the JSC to act urgently to place the judge on suspension even at this early stage.
“Any delay would cause irreparable damage to the reputation of the judiciary.”
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Parliament also raised concerns, warning that Phahlane’s arrest could undermine public trust in the judiciary.
“In a corruption-infested society such as ours, it would be too slippery a road if judges started accepting brown envelopes on matters that are before courts awaiting adjudication,” Xola Nqola, ANC MP and chairperson of the portfolio committee on justice and constitutional development, said.
Nqola, however, urged the public not to “paint all judges with the same brush” and highlighted that legal disputes naturally leave some parties aggrieved, which may unfairly expose the judiciary to criticism.
‘No special treatment’
Meanwhile, the DA described the case as “not a small matter”.
“The idea that a sitting judge could sell justice to the highest bidder is an insult to every citizen who turns to the courts for fairness,” DA MP Glynnis Breytenbach said.
Breytenbach called for all those involved to face the full might of the law.
“No excuses, no special treatment and certainly no place on the bench for anyone who abuses their position,” she added.
Background of the IPHC Dispute
The IPHC became embroiled in legal battles following the death of its founder’s son, Glayton Modise, in 2016.
The succession fight involved three factions, Sandlana and Modise’s sons Tshepiso and Leonard.
Phahlane, appointed to the bench in 2021, was assigned the case in May 2022.
She dismissed a recusal application in March 2023 brought by Leonard Modise, who argued he might not receive a “fair trial” due to bribery claims.
Phahlane also received death threats while presiding over the case.
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