Two inmates have launched legal proceedings against Chief Justice Mandisa Maya over her handling of a judicial misconduct complaint against Gauteng High Court Judge Samuel Makamu.
Sello Rathete and Maxwell Mavudzi filed an urgent application in the Johannesburg High Court citing the chief justice, the Judicial Service Commission, and Makamu as respondents. They seek to review and set aside a decision by Maya to refer their complaint to the Judge President of the Gauteng Division instead of allowing it to be finalised by the Judicial Conduct Committee.
The dispute stems from Makamu’s handling of their criminal case. The pair were found guilty of defrauding the South African Revenue Service of R100 million and sentenced to 65 years in prison. They claim that in a judgment dated 23 November 2023, Makamu falsely stated he had written a “comprehensive judgment” admitting key data evidence. They allege this judgment was not authored by him but was used to convict them.
According to court papers, Makamu insisted under oath in September 2024 that he had written the comprehensive judgment. However, when he appeared before the JSC in October 2024, he reportedly offered a different explanation, describing his earlier use of certain terms as a mistake.
The inmates argue these contradictory statements should have triggered a full investigation by the JCC and potential impeachment proceedings. They say dishonesty by a judge constitutes gross misconduct.
The applicants were informed in July and October 2024 that their complaint was being investigated by the JCC. But on 29 October 2025, they were notified the matter had been referred to the Head of Court instead. They contend they were not provided with written reasons or the outcome of any JCC process as required by law.
After receiving no response to correspondence seeking clarity, the inmates sought consent to cite the Chief Justice. Deputy President of the Supreme Court of Appeal Justice DH Zondi granted that consent in January 2026.
The urgent application has been allocated for hearing on 3 March 2026.
The inmates argue that referring the complaint to the Head of Court effectively downgraded serious allegations of dishonesty and insulated Makamu from independent scrutiny. They also question how Makamu was recommended for permanent appointment by the JSC while the complaint was pending.
Makamu is also facing a separate investigation into allegations that he solicited a R5,000 bribe to influence a leave to appeal ruling . Supreme Court of Appeal Judge Halima Saldulker has been appointed to probe those allegations .
