By Canny Maphanga

This as the body heard closing arguments from the evidence leader and the complainants in the matter.  Parker is facing allegations of one, lying under oath and two, lying by omission in relation to two instances. 

Complainants and the evidence leader in the probe to establish Parker's fitness to hold judicial office, sang one tune in their call for a gross misconduct finding against the Judge. Evidence Leader, Dr Chris Ndzengu argued that Parker, in his conduct, which he did not dispute, rendered himself guilty of gross misconduct.

“"Throughout this saga the respondent had the opportunity to apologise for what had happened, particularly in relation to the tension which took place at the Western Cape division, the consequences of his conduct. We haven't heard that and it is regrettable that nothing of that sort, an apology has not been forthcoming at all from the respondent, Judge Parker. In conclusion, Chair, my submission is that the respondent in this matter rendered himself guilty of gross misconduct as set out in the evidence, he did not dispute or refute any allegations which have been placed before this tribunal and accordingly, I urge the tribunal to recommend to the Judicial Service Commission (JSC) that the provisions of section 177(1) (a) of the constitution be invoked," Ndzengu said.

The first complaint filed by the ten judges of the Western Cape Division of the High Court relates to Parker deposing to an affidavit which stated that he was physically assaulted, allegedly by the then Judge President John Hlophe, who has since been impeached.  Parker later retracted this in a contradictory affidavit. However, in the previous sitting, judges of the Western Cape Bench took turns in various virtual testimony confirming that Parker made this allegation, which was also captured in an affidavit deposed to on 25 February 2019. Advocate Geoff Budlender SC on behalf of the complainants, who are judges, argued that this conduct amounted to gross misconduct and could impact the credibility of the judiciary.

“"If members of the public believe that judges who sit and adjudicate on their cases may be dishonest, that cuts right to the heart of the credibility of the judiciary and to people's (faith) in the integrity of the judiciary," Budlender said.

The second complaint filed by the Cape Bar Council accuses Parker of not disclosing relevant information in his application and at his interview to be a judge in relation to the professional affairs of his former law firm. The Tribunal will assess the evidence and test Parker's fitness to hold office. The outcome will be communicated to the Judicial Service Commission. If Parker is found guilty of gross misconduct, he faces impeachment. 

---SABC---