Dear Portfolio Committee on Justice and Constitutional Development,

To the Minister of Justice

1. What remedial action(s) is the Chief Justice or the Office of the Chief Justice going to take (in the interest of justice) on the Labour Court order under case number D650/19 dated 4 July 2022 issued by Judge BM Whitcher of the Durban Labour Court seat who is subject to s 17 inquiry in terms of JSC Act under case number JSC/93/09/2024 of the JSC, (for fraud upon the court, obstruction of the course of justice and manipulation of and interference with the administration of justice - the latter being a similar gross judicial misconduct for which former Hlophe JP was impeached - in her judgment and order that currently stands with destroyed or no record of court proceedings) and against which appeal has been refused by the Constitutional Court on three occasions (leave to appeal, rescission and reconsideration) under case number CCT 09/23 and direct access under case number CCT 366/24, all applications directed at declaring constitutional invalidity of the order in terms of s 172(1)(a) of the Constitution and having exhausted all avenues available in our judicial system?

2. What is the fate of (fraudulent) court judgments and orders directly related to, based on or tainted by judicial misconduct and spoilation or destruction of record of court proceedings.

3. The record of court proceedings on 13 April 2022 under case number D650/19 are missing or destroyed, and the presiding judge is subject to s 17 inquiry in terms of JSC Act under case number JSC/93/09/2024 of the JSC. The Judge President of the Labour Court and Labour Appeal Court and the Registrar of the Labour Court (Durban seat) have refused to account for the loss.  The court judgment and order stand and bind all parties in terms of s 165(5) of the Constitution, despite being aloof to any court proceeding and tainted by judicial misconduct. Is the Chief Justice aware of the scenario and what steps does the Chief Justice intend to take to remedy the injustice and uphold accountability in terms of s 1(d) and s 195 of the Constitution?

4. What procedures does the Chief Justice, or the Office of the Chief Justice have to address such instances of injustice, such as those described in questions 1 and 2, especially when raised by unrepresented lay litigants seeking justice?