Chief Justice Maya Faces Legal Challenge Over Handling of Judge Makamu Misconduct Complaint

Johannesburg, South Africa – Chief Justice Mandisa Maya is facing legal proceedings initiated by two inmates who allege she improperly handled their complaint of judicial misconduct against Gauteng High Court Judge Samuel Makamu. Sello Rathete and Maxwell Mavudzi have been granted permission to pursue their case in the Gauteng Local Division of the High Court in Johannesburg.

Background of the Dispute

The legal challenge stems from Rathete and Mavudzi’s conviction for defrauding the South African Revenue Service (Sars) of R100 million. They were sentenced to 65 years in prison by Judge Makamu. However, the inmates claim that Judge Makamu falsely stated in a November 23, 2023, judgment that he had authored a “comprehensive judgment” admitting key data evidence. They allege the judgment was not written by him, yet he relied on it to convict them.

Allegations Against Judge Makamu

Rathete and Mavudzi further contend that Judge Makamu provided conflicting accounts regarding the judgment. In an affidavit dated September 12, 2024, he reportedly affirmed under oath that he had written the comprehensive judgment. However, during a Judicial Service Commission (JSC) hearing on October 10, 2024, he allegedly described his earlier use of terms like “meantime” or “interim” in a 2019 ruling as a mistake.

Inmates’ Complaint and Maya’s Decision

The inmates argue these inconsistencies warrant a full investigation by the Judicial Conduct Committee (JCC) and potentially impeachment proceedings, claiming dishonesty by a judge in a conviction constitutes gross misconduct. They state they 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 decision they believe effectively downgraded the seriousness of the allegations and shielded Judge Makamu from independent scrutiny.

Legal Action and Court Permissions

The inmates argue they were not provided with written reasons or the outcome of any JCC process, as required by the Judicial Service Commission Act. After receiving no response to their inquiries, they sought and received consent, in January 2026, from Deputy President of the Supreme Court of Appeal, Justice DH Zondi, to cite Chief Justice Maya in the legal proceedings. Acting Judge President AP Ledwaba also granted permission to cite Judge Makamu in his official capacity. The urgent application has been scheduled for a hearing on March 3, 2026, with strict deadlines for filing opposing papers and arguments.

Concerns Regarding Judge Makamu’s Appointment

Rathete and Mavudzi also question how Judge Makamu was recommended for permanent appointment by the JSC while their complaint was still pending.

Source: The Citizen