Chief Justice Maya caught in a judge's alleged misconduct row

A legal challenge is underway concerning the handling of a judicial misconduct complaint against Gauteng High Court Judge Samuel Makamu. Two inmates, Sello Rathete and Maxwell Mavudzi, have been granted permission to pursue legal proceedings against Chief Justice Mandisa Maya regarding the matter.

The Dispute and the Complaint

Rathete and Mavudzi have filed an urgent application in the Gauteng Local Division of the High Court in Johannesburg. They cite Chief Justice Maya, the Judicial Service Commission (JSC), and Judge Makamu as respondents in the case. The core of the dispute centers on Judge Makamu’s handling of their criminal case, in which they were convicted of defrauding the South African Revenue Service (Sars) of R100 million and sentenced to 65 years in prison.

Allegations of a False Judgment

The inmates allege that Judge Makamu falsely stated in a judgment dated November 23, 2023, that he had authored a “comprehensive judgment” admitting key data evidence. They claim this judgment was not written by him, yet he relied upon it to convict them. Further, they state that Judge Makamu affirmed under oath in an affidavit on September 12, 2024, that he had indeed written the comprehensive judgment.

Did You Know? Judge Makamu reportedly offered a different explanation regarding his earlier use of the terms “meantime” or “interim” in a 2019 ruling, describing it as a mistake when he appeared before the JSC on October 10, 2024.

The Referral and the Inmates’ Concerns

Rathete and Mavudzi contend that these conflicting statements warranted a full investigation by the Judicial Conduct Committee (JCC) and potentially impeachment proceedings. They argue that dishonesty by a judge, particularly in a judgment used to secure a conviction, constitutes gross misconduct. Initially, they were informed in July and October 2024 that the JCC was investigating their complaint. However, on October 29, 2025, they were notified that the matter had been referred to the Head of Court.

The inmates argue that this referral effectively downgraded the seriousness of the allegations and shielded Judge Makamu from independent scrutiny. They also question the timing of a recommendation for Makamu’s permanent appointment by the JSC while the complaint was still pending.

Expert Insight: The inmates’ legal challenge highlights the critical importance of maintaining public trust in the judiciary. Allegations of dishonesty, if substantiated, could have significant implications for the integrity of the legal system and the perception of fairness in sentencing.

Legal Proceedings and Next Steps

The inmates claim they did not receive written reasons or the outcome of any JCC process, as required by section 17(6) of the Judicial Service Commission Act. After seeking and receiving consent to cite Chief Justice Maya, granted by Justice DH Zondi in January 2026, and permission to cite Judge Makamu, granted by Acting Judge President AP Ledwaba, the urgent application has been scheduled for a hearing on March 3, 2026. Strict timelines have been set for the filing of opposing papers and legal arguments.

Frequently Asked Questions

What are Rathete and Mavudzi seeking from the court?

Rathete and Mavudzi seek to review and set aside Chief Justice Maya’s decision to refer their complaint against Judge Makamu to the Head of Court, arguing it should have been finalized by the JCC.

What is the basis of the complaint against Judge Makamu?

The complaint centers on allegations that Judge Makamu falsely stated he authored a “comprehensive judgment” used in their conviction for defrauding Sars, and that his accounts of this judgment have been inconsistent.

When is the case expected to be heard?

The urgent application has been allocated for hearing on March 3, 2026, with strict timelines for the filing of opposing papers and heads of argument.

What impact will the outcome of this legal challenge have on the ongoing scrutiny of judicial conduct?

Chief Justice Maya caught in a judge’s alleged misconduct row