28/05/2026
Bapedi Royal House Dispute (May 2026): A JCC inquiry led by retired Justice Chris Jafta found that Phatudi prima facie abused his judicial powers. He allegedly entertained a one-sided (ex parte) urgent application regarding a traditional leadership dispute while the matter was pending before the Supreme Court of Appeal, blocking the opposing side from a timely hearing. He faces a recommended conduct tribunal, which could lead to impeachment.Conflict of Interest Sanction (November 2025): The JCC found him guilty of gross misconduct for failing to recuse himself from land dispute cases in 2017 and 2021. The cases involved a client he had previously represented as an attorney in 2013. Chief Justice Mandisa Maya ordered him to issue a written apology.
Phatudi, in his response to the complaint, denied this.
But Jafta said he had been “silent on the evidently wrong process” that was followed.
“When regard is had to the numerous strange features in the matter which are not explained by the Judge President, it cannot be said that the allegation is fanciful.
“If the Judge President was persuaded by [Manyaku’s] argument, something he does not say in his response, he would have been shown to be grossly incompetent.
“It has never happened that the suspension of an order under appeal is taken to mean that the appellant can go back to court of first instance and relitigate the same dispute which is the subject of the appeal, while that appeal is pending. This is unprecedented and it is remarkable that it has happened here,” he said.
“Obstacles after another appear to have been placed in the path of the complainants to prevent reconsideration of [Phatudi’s] order.
“Phatudi saw nothing wrong in the matter despite the flashing red lights,” Jafta said.
“What these facts reveal is nothing but a judicial backsliding that was orchestrated by Mrs Manyaku Thulare. What is most concerning is that she was enabled by Phatudi and his colleagues, to undermine the administration of justice in the most serious way.
“If the enabling was deliberate, these judges may be guilty of gross misconduct. But if it was inadvertent, then they may well be guilty of gross incompetence,” Jafta said.
These issues could only be determined by a tribunal, he said.
Notably, the SCA had delivered its judgment on the appeal, remitting it back to the High Court for the hearing of oral evidence. Of significance was the fact that it had ordered that no Limpopo judge who had at any stage adjudicated on the issue, could hear the matter.
Jafta said the reason for the “unusual order” had not been explained but the SCA, but it would not have made such an order without good reason.
In November 2025, Phatudi was found guilty of misconduct for presiding in a case he was involved in while he was an attorney.
He was ordered to apologise to the complainant and submit himself to a reprimand from the Chief Justice.
Source:Groudup -Tania Broughton