Businessman and investor Willah Joseph Mudolo has taken on High Court Judge John Holland-Mutter accusing him of breaking the law in the manner in which he presides over his case.
Mudolo was an investor in self-proclaimed prophet Sheppard Bushiri’s mega church project and was charged alongside Bushiri who skipped the country following his arrest in 2020.
Mudolo’s representatives have come guns blazing for Holland-Muter putting on record that the judge told a full courtroom that Mudolo “should face the music” and that he’d judge Mudolo "by hook or by crook". Those comments have left the Black Lawyers Association seething.
In a court case that has now become political, Mudolo is demanding that Holland-Mutter recuse himself from the case.
”It is our considered view that if the conduct of Holland Muter is left unattended, it is likely to bring this division and the entire criminal justice system into disrepute. The purpose of addressing this letter to yourselves is to appraise you of the unfortunate situation which has developed since the commencement of the trial before the Holland-Muter J. The manner in which he presided over this matter since its inception has been, to say the least so derogatory, disrespecting and somewhat disdain towards us as the legal representatives and our former clients” Matojane Malungana Inc said.
In a heavy-worded complaint about Holland-Mutter, Matojane Malungana says the judge referred to the attorney, Patrick Malungana as a culprit. This is said to have happened in an open court in front of members of the public, fellow legal practitioners and accused persons in this case.
“On 31 October 2024, Holland-Muter referred to Advocate Abdul Cassiem (Adv Cassiem) during one of his interlocutory rulings as a ‘Messenger’. The dictionary meaning of messenger is a person who carries a message or is employed to carry messages. We point out that these are not isolated incidents. After Holland-Muter J dismissed Accused 1 and 2’s application for his recusal, the accused brought an application for leave to appeal which was also dismissed. However, there is something of extreme importance which transpired during the proceedings of 1 November 2024. Holland-Muter J accused Adv Mnisi of calling him ‘a racist’. This after our former clients accused Holland-Muter J of treating him differently from other legal practitioners”
“We have continuously been attacked by Holland-Muter J for allegedly delaying the case. We also learned with shock that according to Holland-Muter he was apparently given instructions by the Judge President to postpone the trial to the period of 20 January 2025 to 28 March 2025. This was confirmed in paragraph 1 of the judge’s directive dated 14 November 2024. It is concerning because it is not clear on what basis the judge is being instructed to impose the dates upon the legal practitioners regardless of their commitments”
Mudolo’s affidavit, now a public document, has also sparked rumours of racial tensions playing out at the Pretoria High Court. “I wish to state right from the onset that in this affidavit I am not in a position to capture every unbecoming conduct of Judge Holland-Muter in my case. Otherwise, I am going to have to write a book about his unethical conduct. I will disclose more details of his conduct during my testimony at the JSC hearing. The judge's behaviour is with all due respect appalling, to say the least. The way Judge Holland-Muter behaves and treats our legal representatives in his court does not befit the conduct of a judge. His conduct brings the office of the judiciary into disrepute. Having been frustrated by the conduct of Judge Holland-Muter,
On October 14, 2024, during the first day of appearance in the High Court, the learned judge prematurely remarked, "Stalingrad tactics" before affording the applicant an opportunity to present their position” Mudolo said.
The Stalingrad legal defence is a strategy usually used by a defendant to wear down the plaintiff or legal proceedings by appealing every ruling that is unfavourable to the defendant and using whatever other means possible to delay proceedings. Typically a meritorious case is not presented by the defendant. In the South African context, the term is usually linked to what is deemed a politically driven legal onslaught on former president Jacob Zuma and his resistance to the system.
“18 October 2024, the Honourable judge went as far as saying that I am trying to avoid the penalty. Such comments shocked me because as far as I am aware, a presiding officer may only come to a conclusion of a suitable penalty after he/she has listened to the evidence. Of all the litigants and their witnesses interrogated and analysed it, then concludes that the guilt of a particular individual has been proven beyond a reasonable doubt. When we heard the judge saying that, my wife and I were shocked and we asked ourselves on what basis could a judge who has not heard evidence come to a conclusion that I deserve to be punished.” Mudolo said.
The Judicial Service Commission has confirmed to has received the complaint against Holland-Muter.
This is a developing story.
The Star