The Cape Bar Council says his conduct is ‘unbecoming the holding of judicial office’.
, because he is the junior judge who Goliath claimed was physically assaulted by Hlophe.
In detailing the Cape Bar Council’s complaint, its chairperson Andrew Breitenbach SC, referred to the court papers in the LPC’s application and said: “There does not appear to be any dispute that … there was a misappropriation of trust funds.” It also appeared that Parker knew about the shortfall — before he started acting as a judge, throughout his period of acting as a judge, while the JSC process which led his appointment was under way and after he was permanently appointed, said Breitenbach.
But Parker did not disclose any of this in his questionnaire to the Judicial Service Commission when he applied to be a judge. In the section where candidates are asked whether there are any circumstances “financial or otherwise” that may cause embarrassment in undertaking the office of a judge, Parker ticked “No”. He also ticked “No” to the question of whether there was any other “relevant matter” that he thought should be brought to the commission’s attention.
“Although some of [Parker’s] conduct may have occurred before his first appointment as an acting judge in October 2016, this is not a case of events long predating [his] appointment that can have no current relevance to his position as a judge,” Breitenbach said.
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