JOHANNESBURG – South Africa’s Chief Justice Mandisa Maya is facing legal challenge over her handling of a judicial misconduct complaint against Gauteng High Court Judge Samuel Makamu. The legal action, brought by two inmates, Sello Rathete and Maxwell Mavudzi, centers on allegations that Justice Maya improperly referred their complaint to the Judge President of the Gauteng Division, Aubrey Ledwaba, instead of allowing the Judicial Conduct Committee (JCC) to finalize it.
The dispute stems from Judge Makamu’s sentencing of Rathete and Mavudzi to 65 years in prison after they were convicted of defrauding the South African Revenue Service (Sars) of R100 million. The inmates allege that Judge Makamu falsely claimed to have authored a “comprehensive judgment” admitting key data evidence, a claim they dispute, asserting the judgment was not his operate and was improperly relied upon in their conviction. This legal challenge to Chief Justice Maya adds another layer of scrutiny to the judiciary, coming after other recent controversies involving judges.
Rathete and Mavudzi have been granted permission to proceed with their urgent application in the Johannesburg High Court, with Justice DH Zondi, Deputy President of the Supreme Court of Appeal, granting consent to cite Chief Justice Maya in the proceedings in January 2026. Acting Judge President AP Ledwaba likewise authorized citing Judge Makamu in his official capacity. The court has scheduled a hearing for March 3, 2026, establishing a strict timeline for the filing of opposing papers and legal arguments.
The core of the complaint revolves around accusations of dishonesty by Judge Makamu. Rathete and Mavudzi claim that Judge Makamu initially stated under oath in an affidavit dated September 12, 2024, that he had written the comprehensive judgment. However, during a Judicial Service Commission (JSC) hearing on October 10, 2024, he reportedly offered a different explanation, attributing his earlier use of terms like “meantime” or “interim” in a 2019 ruling to a mistake. The inmates argue these conflicting statements warrant a full investigation by the JCC and potentially impeachment proceedings, contending that dishonesty from a judge in a conviction-related judgment constitutes gross misconduct.
Inmates Allege Complaint Was Downgraded
According to court papers, Rathete and Mavudzi were initially 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, a move they believe effectively downgraded the seriousness of the allegations and shielded Judge Makamu from independent scrutiny. They further contend they were not provided with written reasons for this decision, violating section 17(6) of the Judicial Service Commission Act.
The inmates argue that referring the complaint to the Head of Court circumvented the proper process and denied them a fair hearing. They also question the timing of Judge Makamu’s recommendation for permanent appointment by the JSC while the misconduct complaint was still pending, raising concerns about potential conflicts of interest.
Timeline of Events
Here’s a breakdown of the key dates in this case:
- November 23, 2023: Judge Makamu issues a judgment that Rathete and Mavudzi claim falsely states he authored a “comprehensive judgment.”
- September 12, 2024: Judge Makamu submits an affidavit insisting he wrote the comprehensive judgment.
- October 10, 2024: Judge Makamu offers a different explanation to the JSC, attributing earlier language to a “mistake.”
- October 29, 2025: Rathete and Mavudzi are informed their complaint has been referred to the Head of Court.
- January 2026: Justice Zondi grants consent to cite Chief Justice Maya in legal proceedings.
- March 3, 2026: Scheduled hearing date for the urgent application in the Johannesburg High Court.
The legal challenge against Chief Justice Maya raises essential questions about the independence and accountability of the judiciary in South Africa. The outcome of this case could have significant implications for how judicial misconduct complaints are handled in the future. The court will need to determine whether Justice Maya acted appropriately in referring the complaint and whether Judge Makamu’s actions warrant further investigation.
The case is set to be heard on March 3, 2026, and will likely draw significant attention from legal observers and the public. The court’s decision will be closely watched as it could set a precedent for future cases involving allegations of judicial misconduct. Interested parties can follow updates on the case through official court filings and reporting from credible news organizations.
If you or someone you know is struggling with the emotional impact of legal proceedings, resources are available. Contact the South African Psychological Association at https://www.sapsa.org.za/ for support and guidance.
