BRINK'S SUBMISSIONS ON HIS APPEAL IN THE WAGLAY JP CASE

BEFORE THE JUDICIAL CONDUCT COMMITTEE APPEAL COMMITTEE

OF THE JUDICIAL SERVICE COMMISSION

JSC/533/2017

In the matter between

ADV ANTHONY BRINK     APPELLANT/COMPLAINANT

and

BASHEER WAGLAY JP (ret.)     RESPONDENT

APPELLANT’S SUBMISSIONS ON HIS APPEAL AGAINST GOLIATH DJP’S DISMISSAL OF HIS JUDICIAL CORRUPTION COMPLAINT AGAINST THE RESPONDENT

To: The Honourable Acting Deputy Chief Justice Mbuyiseli Madlanga:

Chairperson of the Judicial Service Commission’s Judicial Conduct Committee 

By email to: JCC Secretary Mbali Songca; MSongca@judiciary.org.za

And for information to: His Excellency, U.S. Ambassador-elect Brent Bozell III upon his arrival in South Africa, and to the other foreign ambassadors and interested parties mentioned in the appeal notice.

The integrity of the South African courts – and I know these are harsh words to utter, but they are well founded and therefore as a constitutional jurist I can bluntly say so – they simply lack the impartiality, and they simply lack also the judicial integrity to discharge their functions …

… the state institutions that have to act against corruption, crime and so on are simply so broken down as a result of our dilapidated government that no action was taken …

– ‘South Africa’s Judicial Elite’: a video interview of Dr Koos Malan, Professor Emeritus of Public Law at the University of Pretoria, May 2025: Online: bit.ly/45RZBIt

1.      On any intelligent, diligent, conscientious, unbiased, and honest assessment of the facts of this case, an order under section 18(4)(b)(iii) of the Judicial Service Commission Act is obviously indicated, namely that Goliath DJP’s shameful travesty of a decision to dismiss my irrefragably made case against Waglay JP, with a view to dishonestly cover for him and assist him escape being impeached for his flagrant, documented judicial corruption, be set aside and that her ruling be substituted with a recommendation that the Judicial Service Commission (‘JSC’) request the President to appoint a Tribunal to decide my complaint under section 19 of the said Act.

2.      That’s my complete submission.

3.      The Appeal Committee may consider or disregard the following reflections on the case and its prospects and implications, as it wishes. 

4.      Like the Mlambo JP case before it,[1] the Waglay JP case provides an abysmal illustration of Professor Moolman’s very correct observations quoted above, both in relation to the judiciary and to the JSC, being the state institution responsible for acting against corruption, crime and so on festering unchecked in the judiciary in the New South Africa.

5.      It would be nice if this appeal comes before such exceptionally intelligent, diligent, conscientious, unbiased, honest, and honourable judges on the Appeal Committee as Constitutional Court Justice Elizabeth Nkabinde and Supreme Court of Appeal Justice Ephraim Makgoka, who duly upheld my appeal in the Mlambo JP case, or by other judges having the same marvellous personal and judicial integrity demonstrated in the decision of that appeal.

6.      Unfortunately, however, even were such exceptionally intelligent, conscientious, unbiased, diligent, honest, and honourable Appeal Committee judges to faithfully discharge their judicial oaths by upholding this appeal, the precedent set by the JSC in the Mlambo JP case augers that it will likely reject any recommendation that Waglay JP be arraigned before a Judicial Conduct Tribunal for his documented judicial corruption, and that the JSC will rather let him walk with impunity than hold him to account and see him impeached; because as Professor Moolman observed very correctly (I paraphrase), this judicial oversight body demonstrated in the Mlambo JP case unequivocally and unmistakeably that it lacks the impartiality and judicial integrity to discharge its function as a state institution established to act against corruption, crime and so on within the judiciary, because it’s so broken down that it can’t be relied upon to take action (a) against a corrupt, habitually criminally mendacious judge – as demonstrated in the Mlambo JP case, or (b) against a corrupt judge corrupted by the said corrupt judge – as previous experience predicts in the Waglay JP case.

7.      It won’t help that our Chief Justice chairing the JSC is an exceptionally honest and honourable person, as evinced by her publicly and privately expressed concern about judicial corruption in the New South Africa.[2]

8.      Her exceptional honesty and integrity will make no difference because the JSC can reliably be expected to outvote her and acquit Waglay JP of his documented judicial corruption – just as it outvoted then-JSC chairperson Zondo CJ and acquitted Mlambo JP of his documented crimes and other capital misconduct proved in my complaints against him, as Justices Nkabinde and Makgoka recognised in their commendably comprehensive, 42‑page decision of my appeal in that matter.

9.      This is because the JSC is an essentially political organisation, including in its ranks a senior ruling party politician accused of covering up corruption involving hundreds of millions of rands,[3] and ambitious, unscrupulous, nakedly partisan lawyers – one of whom, seething with racial animus and ressentiment, wantonly smeared me as a despicable racist[4] (evidently knowing nothing of my unusual personal and political history) at the JSC conference convened to discuss Justices Nkabinde and Makgoka’s decision of my appeal in the Mlambo JP case – with another such unprincipled lawyer defaming me as a criminal extortionist[5] (for urging, in the national interest, a conciliatory, global resolution of all complaints and claims), all contrived to bias the proceedings in Mlambo JP’s favour by poisoning the debate (there really wasn’t any) of Justices Nkabinde and Makgoka’s closely detailed finding that my criminal and other capital complaints against Mlambo JP were facially well‑made on the evidence I’d adduced, and disclosed an answerable case before a Judicial Conduct Tribunal.

10.   In other words, the JSC has revealed itself to be just another corrupt state institution in the New South Africa, which has shown no interest in disciplining (i) a corrupt, habitually criminally mendacious judge irregularly favoured by the President and his Justice Minister[6] seemingly in consideration for irregular favours performed[7] – as in the Mlambo JP case;[8] and (ii) a long‑time erstwhile judicial colleague of his at the top of the same court, corrupted by him – as in the Waglay JP case to date.

11.   And this is why I’m looking beyond our corrupt judiciary and corrupt JSC for redress, and to this end will be delivering a comprehensive brief to the US Administration, via its new Ambassador Brent Bozell III upon his arrival in South Africa, copied to the many other embassies and interested parties mentioned in my appeal notice.

12.   For the information of the US Administration with its new eye on our country, and of the other governments who’ve likewise raised their concern about rampant corruption here,[9] my brief will indict the two corrupt judges at the centre of this matter, and the several corrupt judges who’ve covered for them, variously: by misallocating and diverting my criminal and other capital complaints to single judges for disposal as relatively trivial, non‑impeachable gripes; by corruptly dismissing my complaints for manifestly dishonest reasons; by repeatedly looking the other way in their judgments given in my several litigations against Legal Aid South Africa (‘LASA’), in which I’ve pleaded, deposed to, and proved the said two corrupt judges’ corruption – one of these judges even penalising me with a special punitive costs order for doing so;[10] and by repeatedly resolving at LASA Board meetings in 2015 and 2024 that I should be struck off the roll of advocates by dint of an order of the High Court,[11] in reprisal for making my squarely documented and incontrovertibly proved judicial corruption charges in my litigations against LASA and in my complaints to the JCC, even after they were recognised as well-founded by JCC Appeal Committee members Justices Nkabinde and Makgoka – in keeping with the famous traditional cultural practice in the New South Africa of gunning down whistleblowers, complainants, and witnesses in high‑level corruption cases. My brief will suggest that these corrupt judges be investigated, listed as undesirable persons, and denied visas for foreign travel, like a certain just‑banned undesirable South African politician.[12]

13.   Thanks to the conduct of our ‘New Generation Judges’ in the New South Africa (as Mlambo JP bills himself and his type), my once absolute confidence in the courts – my professional home for over four decades[13] – has completely collapsed. Likewise in the JSC, to which I looked with such pitifully naïve confidence back in mid-2017 when I filed my several ironclad impeachable misconduct complaints against Mlambo JP and Waglay JP.

14.   Indeed, vouching for my total disillusion in this regard, the Sunday Times journalist who phoned for my comment on the Appeal Committee’s decision in the Mlambo JP case, a few weeks after it had been emailed to me, will confirm my response that I’d seen it come in but hadn’t opened and read it, having assumed that my appeal had been corruptly dismissed. She’ll recall my utterly despondent remark: ‘They’re all corrupt, they’re all covering for each other.’ And she’ll confirm that I was completely nonplussed when she replied: ‘No, your appeal was upheld.’

15.   I can honestly report that this news to me was the greatest surprise of my entire life,[14] because time and time again I’d found the judiciary and the JSC and JCC to be completely dysfunctional and massively corrupt, in a word useless.

16.   This horrible state of affairs was unimaginable to me a decade-and-a half ago when I still believed that such basic judicial values as objectivity, impartiality, honesty, and integrity continued to reign in our ‘transformed’ judiciary, and I very mistakenly optimistically set out to seek justice after being stiffed out of a top‑level legal specialist post at LASA following my due selection for it, in just another quotidian case of services/goods tender corruption in the New South Africa in the now standard septic routine – which corruption then‑LASA Board chairman Mlambo JP and several of his equally bent management executives[15] tried covering with a succession of stupidly contradictory, mutually destructive, objectively contradicted, unsupported, risibly false excuses that only a mentally retarded child would believe (as certain ‘New Generation Judges’ did), variously advanced to me, to LASA’s Board, to the Human Rights Commission, to the Justice Minister, to the Justice Portfolio Committee of the National Assembly, to any number of lower and superior courts, to then-Chief Justice Mogoeng, to the JCC, and to the JSC.

17.   Not once in my many preceding years of practice at the Pietermaritzburg Bar had I ever found reason to doubt the integrity of the judges I was appearing before, even as, like all trial lawyers, I won a couple of cases I thought I should have lost and vice versa. (Nor had I ever had cause to question their cognitive adequacy for their employment.)[16]

18.   Contrariwise, from my repeated, consistently appalling experience both of the judiciary and of the JSC in the New South Africa, I’ve now come to expect that my true and amply documented legal actions, legal applications, and judicial misconduct complaints will be handled with reliable dishonesty, and that the ‘New Generation Judges’ trying my claims and complaints will spit on the facts and laugh off the law in closing ranks to protect their corrupt colleagues, to stick it to me, and to show me who’s in charge these days.

19.   And in this baleful apprehension I’ve seldom been disappointed; so that whereas before, if the truth filled my sails, I looked forward to jousting for justice in the High Court, Supreme Court of Appeal, or Constitutional Court (in all of which I’ve litigated), today I find the prospect of entering these halls as appealing as a wading into a sewer; and I’ve come to regard the JSC with the same revulsion.

20.   I’ve been at this single-mindedly for over fifteen years now, at vast and irrecoverable personal cost in every aspect of my life, and believe me I’m not going away. I will not be defeated by crooked judges in the New South Africa for as long as I’m alive.[17] I still think a conciliated resolution would be the best road out of all of this, and you’ve got my number.

Signed electronically at Eshowe on 19 June 2025

Adv Anthony Brink

083 779 4174

anthonybrink.sa@gmail.com

corrupt-judges.co.za

36 Pearson Street

Eshowe 3815

KwaZulu-Natal

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