South African Judge Mushtak Parker Faces Impeachment Proceedings for Gross Misconduct

JSC Recommends Removal After Gross Misconduct Finding

The Judicial Service Commission (JSC) in South Africa has formally recommended the commencement of removal proceedings against Western Cape High Court Judge Mushtak Parker. This decision follows a finding of gross misconduct on two separate charges, which could lead to his impeachment from the bench. The JSC resolved to refer the matter to the Speaker of the National Assembly for action under Section 177(1)(a) of the Constitution, where a two-thirds majority vote will be required for his removal.

Details of the Misconduct Allegations

The charges against Judge Parker originated from complaints lodged in March 2020 by ten judges of the Western Cape High Court and the Cape Bar Council. The Judicial Conduct Tribunal, chaired by retired Judge President Bernard Ngoepe, found him guilty of gross misconduct and dishonesty on both counts in July 2025.

The two primary allegations are:

• Contradictory Statements Regarding an Alleged Assault: Judge Parker initially claimed he was physically assaulted by then-Judge President John Hlophe in February 2019, even providing an affidavit detailing the incident. However, he later recanted this version, stating he had 'misconstrued the events' or that no assault had occurred. This 'flip-flop' was deemed dishonest by the Tribunal.
• Non-Disclosure of Trust Account Deficit: During his application to become a judge, Parker failed to disclose that his former law firm, where he served as managing partner, had an R8 million deficit in its trust account due to the misappropriation of client funds. The JSC considered this a 'serious' omission.

Path to Impeachment

The process leading to the current recommendation began with a Judicial Conduct Committee (JCC) ruling in June 2020, which found prima facie evidence of gross misconduct. Subsequently, in October 2020, the JSC advised President Cyril Ramaphosa to suspend Judge Parker pending the findings of a Judicial Conduct Tribunal. The Tribunal's report, which found Parker guilty, was considered by the JSC on October 13, 2025, with the final decision and recommendation for removal announced on January 8 or 9, 2026. Gross misconduct is considered the most severe form of judicial misconduct, potentially leading to impeachment.