Two inmates have been granted permission to pursue legal action against Chief Justice Mandisa Maya regarding the handling of a judicial misconduct complaint against Gauteng High Court Judge Samuel Makamu.
Complaint Against Judge Makamu
The legal challenge stems from Judge Makamu’s handling of a criminal case resulting in Sello Rathete and Maxwell Mavudzi being found guilty of defrauding the South African Revenue Service (Sars) of R100 million and sentenced to 65 years in prison.
Rathete and Mavudzi allege that a judgment delivered on 23 November 2023 by Judge Makamu falsely claimed the inclusion of key data evidence. They claim the judgment was not authored by him, yet was used to convict them.
According to court papers, Judge Makamu affirmed in an affidavit dated 12 September 2024 that he had written the judgment. Although, during a JSC appearance on 10 October 2024, he reportedly described earlier references to “meantime” or “interim” in a 2019 ruling as a mistake.
Inmates Want Investigation by JCC
The inmates contend these differing accounts should have prompted a full investigation by the Judicial Conduct Committee (JCC) and potentially impeachment proceedings, arguing that dishonesty from a judge is gross misconduct.
Chief Justice Maya Accused of Downgrading Complaint
Rathete and Mavudzi state they were initially informed in July and October 2024 that the JCC was investigating their complaint. However, on 29 October 2025, they were notified the matter had been referred to the Head of Court.
They argue they received no written explanation for this decision, violating section 17(6) of the Judicial Service Commission Act. After seeking clarification without success, they obtained consent to cite Chief Justice Maya in legal proceedings, granted by Justice DH Zondi in January 2026. Acting Judge President AP Ledwaba also granted permission to cite Judge Makamu.
The inmates argue referring the complaint to the Head of Court effectively shielded Judge Makamu from independent scrutiny and downgraded the allegations. They also question the timing of Judge Makamu’s recommendation for permanent appointment by the JSC while the complaint was still pending.
Frequently Asked Questions
What are Rathete and Mavudzi alleging against Judge Makamu?
They allege that Judge Makamu falsely stated in a judgment that he had written a “comprehensive judgment” admitting key data evidence, and that this judgment was used to convict them despite not being authored by him.
What action did Chief Justice Maya take regarding the complaint?
Chief Justice Maya, in her capacity as chairperson of the JCC, referred the complaint against Judge Makamu to the Judge President of the Gauteng Division, Aubrey Ledwaba, rather than allowing it to be finalised by the JCC.
What is the current status of the legal proceedings?
Rathete and Mavudzi have launched an urgent application in the Gauteng Local Division of the High Court in Johannesburg, and the matter is scheduled for a hearing on 3 March 2026.
Will the court uphold the inmates’ challenge to the handling of their complaint, and what impact might that have on the ongoing scrutiny of judicial conduct?
