Questions that immediately arise from the matter are: When did Judge President John Hlophe become aware that a judge in his division had been implicated in the misappropriation of trust funds of a firm linked to him and what did he do about it at the time?
The Cape Bar Council has lodged a complaint with the Judicial Service Commission (JSC) against Western Cape High Court Judge Mushtak Parker, with regard to his conduct and knowledge of an alleged R8-million shortfall in the trust account of a legal firm he helped to establish.
Advocate and senior counsel Andrew Mark Breitenbach lodged the affidavit with the JSC on behalf of the Cape Bar Council on Tuesday 31 March 2020.
The complaint against Parker comes in the wake of an application in January 2020 by the Legal Practice Council (LPC) to the Western Cape High Court to have two directors linked to Parker's legal firm struck from the roll of attorneys.
The LPC has also asked the court for a curator to be appointed to administer the accounts of Parker & Khan Incorporated, pending the application to strike two directors, Abdurahman Khan and Irfan Kassiem Parker from the roll.
Case No 22707/19...