JOHANNESBURG, Wednesday 30 September 2026 — The MK Party has opened a criminal case against Gauteng High Court Judge Mudunwazi Samuel Makamu over allegations that he solicited a R5,000 payment from a litigant while an application for leave to appeal was being pursued, escalating a matter already referred for investigation by a Judicial Conduct Tribunal.
The party said the complaint was registered at Boksburg North police station at about 17:00 on Wednesday and was intended to place the allegations before law-enforcement authorities for a separate criminal investigation.
Makamu has denied the underlying allegations.
The opening of a police case does not establish that a crime was committed and no criminal finding has been made against the judge.
Criminal complaint follows judicial-conduct proceedings
The allegations originate from a complaint lodged by businessman and attorney Bouwe Wiersma with the Judicial Conduct Committee of the Judicial Service Commission.
Wiersma alleged that shortly after Makamu granted an eviction order against him in July 2025, he received a telephone call from a person identifying himself as the judge.
According to the complaint, the caller allegedly described the judgment as an injustice, encouraged Wiersma to appeal and offered assistance with securing a favourable outcome.
The allegations were subsequently recorded in formal judicial-conduct proceedings.
Wiersma further alleged that Makamu recommended legal representatives and communicated with him about the application for leave to appeal.
The most serious allegation concerns an alleged request for money.
Wiersma alleged that he was asked to contribute towards the university studies of a person described as the judge’s nephew and ultimately transferred R5,000 to an account supplied to him.
He submitted alleged payment records, WhatsApp communications and other material as part of his judicial-conduct complaint.
The application for leave to appeal was ultimately dismissed.
Makamu denies allegations
Makamu has denied communicating with Wiersma before or after the judgment and has denied soliciting R5,000 or any other payment.
He has also disputed allegations linking him to the bank account into which the money was transferred.
The judicial-conduct process has not found that Makamu accepted a bribe.
Rather, the allegations were considered sufficiently serious that, if ultimately established, they could amount to gross judicial misconduct warranting investigation through the formal tribunal process.
That distinction remains important as the matter moves into the criminal justice system.
Tribunal process already under way
The Judicial Conduct Committee previously referred the complaint for investigation by a Judicial Conduct Tribunal.
The referral followed an assessment of whether the allegations, if proven, could meet the threshold for gross misconduct.
It did not constitute a finding that the allegations were true.
The judicial-conduct process and the criminal complaint opened on Wednesday are separate.
The tribunal process will consider Makamu’s conduct under the framework governing judicial officers, while the police complaint asks law-enforcement authorities to determine whether there is evidence of a criminal offence.
Any criminal investigation would ultimately remain subject to decisions by the police and National Prosecuting Authority on whether the evidence justifies further action.
MK Party renews call for judge to step aside
The MK Party had already called earlier in September for Makamu to voluntarily step aside from judicial duties while the tribunal process was under way.
The party argued that allegations involving possible corruption and interference with an appeal were sufficiently serious to warrant his temporary withdrawal from the bench.
At the time, the MK Party expressly acknowledged that the tribunal referral was not a finding of guilt and that Makamu remained entitled to due process and the presumption of innocence.
Wednesday’s criminal complaint represents an escalation of that campaign.
The party said its decision to approach SAPS should similarly not be interpreted as a declaration that Makamu is guilty.
It said the allegations should instead be investigated by the appropriate law-enforcement authorities.
Judicial independence and accountability
South Africa’s constitutional framework provides specific mechanisms for complaints against judges in order to protect both judicial independence and accountability.
Serious allegations can ultimately be investigated by a Judicial Conduct Tribunal, which may make findings and recommendations through the Judicial Service Commission process.
Criminal allegations involving a judicial officer can separately be investigated through the ordinary criminal justice system.
The two processes therefore apply different legal frameworks and can proceed independently.
The next significant development in the criminal process will be whether SAPS confirms an investigation arising from Wednesday’s complaint and whether investigators seek further evidence from the parties involved.
The Judicial Conduct Tribunal process will meanwhile determine the merits of the misconduct allegations through the mechanisms established for judicial accountability.
