Top judge to face charge of intimidation

A top judge in Limpopo not only faces a criminal charge of intimidation but may well also be asked to temporarily vacate his position after a request to the Judicial Service Commission (JSC) for the judge to be placed on special leave has been submitted.
Kevin Maluleke, an advocate opened a case of intimidation at the Polokwane Police Station on 17 June while the request to the JSC was submitted on the 20th. Maluleke is also a senior legal advisor for the non-governmental organisation Limpopo Legal Solutions and said the issue with the judge started during an urgent application relating to applicants seeking a relief of spoliation order for the restoration of disconnected electricity supply.
Maluleke is concerned about the delay in the investigation of the criminal case against the judge. “I phoned the Police station on Tuesday and I was informed that the investigating officer was on leave. I was transferred to one of the colonels who indicated that no statement has been taken from either the judge or any of the witnesses yet. I don’t understand the delay in the investigation as it is a high profile case. It has been longer than two weeks now,” Maluleke said yesterday (Wednesday).
Provincial Police Spokesperson Ronel Otto confirmed that the case is being investigated and that it will be sent to the Director of Public Prosecutions (DPP) for a decision.
Maluleke alleged that the judge phoned him on 17 June and demanded answers to why he brought the application of spoliation order for restoration of disconnected electricity supply before court in Polokwane and not Thohoyandou. “He asked what Limpopo Legal Solutions is and that such organisations have an agenda to milk the State,” according to Maluleke. Allegations were also made that the judge told Maluleke he was talking rubbish and that he would deal with him legally and personally.
Maluleke also referred to an incident where the judge allegedly ranted at him for being in contempt of court for refusing to submit his advocates’ admission certificate to the High Court. “I asked why I should submit the certificate and would prefer written request for the submission and all of a sudden I am in contempt of court,” Maluleke said.
He added that the JSC has acknowledged receipt of his request. “I am scared that future cases might be jeopardised and that I might be victimised in the process which may have a negative impact on cases I am handling,” Maluleke said.
The judge was asked for comment but informed that he was not allowed to talk to the media.
The Limpopo branch of the Black Lawyers Association (BLA) confirmed in a media release that they have received a complaint lodged by Maluleke against the judge.
BLA Secretary Maribe Mamabolo said as an organisation within the legal profession we view the utterances and attacks levelled against the judge in a very serious light. “Our view is that these attacks are unwarranted, unfounded, baseless and above all malicious. We believe that the conduct of Maluleke amounts to putting the profession into disrepute and such conduct must be denounced and if possible investigated in order to nip it in the bud before it becomes cancerous,” Mamabolo said, adding that the BLA does not intend to comment on all the allegations in the complaint as the complaint is still probably to be considered by the JSC and thus sub judice.

Story: RC Myburgh
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