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Judge Aubrey Ledwaba.
The Pan African Bar Association of South Africa (PABASA) has cautioned against the calls for Acting Judge President of the Gauteng High Court in Pretoria, Judge Aubrey Ledwaba, to be suspended.
Last week, Witness A, at the Madlanga Commission of Inquiry, testified that he heard from an informer that an amount of R2.5 million was paid to secure the bail of alleged underworld kingpin, Katiso “KT” Molefe.
Witness A did, however, say that he was not sure if the money was for Ledwaba or the prosecutor.
The Office of the Chief Justice said Ledwaba has denied receiving any money to grant Molefe bail, and has said that he will not take special leave due to the allegations levelled against him.
PABASA Secretary, Dali Mpofu, says a judge cannot be placed on a leave of absence. It has to be done voluntarily.
Mpofu says, “The suspension of a judge is something that is heavily regulated by the Constitution itself and also by the JSC Act. So what happens is that a suspension of a judge cannot be done by the Chief Justice; it can only be done by the President. But the President must only act on advice from the JSC when a judge is the subject of impeachment proceedings – paraphrase section 177-3 of the Constitution.”
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