The uMkhonto weSizwe Party (MK Party) has opened a criminal case against Gauteng High Court Judge Mudunwazi Samuel Makamu following allegations that he solicited R5 000 from businessman and attorney Bouwe Wiersma in connection with an appeal arising from an eviction matter.
The party said the case was opened at Boksburg North Police Station at about 5pm on Wednesday, as it called on Makamu to step aside while the allegations are investigated.
MK Party MP Andile Mngxitama said allegations involving a serving judicial officer could not be treated lightly.
“The judiciary cannot be above accountability. At the same time, accountability must be based on evidence and due process. If there is evidence of corruption, it must be fully investigated and, where proven, dealt with decisively,” Mngxitama said.
The party stressed that opening the criminal case was not a declaration that Makamu was guilty.
The allegations against Makamu
The criminal complaint follows a judicial-conduct complaint lodged by Wiersma, who previously approached the Judicial Conduct Committee (JCC) of the Judicial Service Commission (JSC).
The complaint relates to an eviction dispute involving Wiersma’s business and the Heidelberg Heritage Museum.
According to the JCC’s ruling, Makamu presided over the eviction application on 15 July 2025 and subsequently issued an order evicting Heidelberg Beer Festival CC from the property.
Wiersma alleges that, after the judgment, he received calls and WhatsApp communications from a person claiming to be Makamu.
The complaint alleges that the person encouraged Wiersma to appeal the eviction order, suggested legal representatives and later asked for a financial contribution towards the studies of a relative.
Wiersma alleges that the amount was eventually reduced to R5 000, which he paid into a Capitec account. The JCC ruling records that the complaint included proof of payment, WhatsApp screenshots and call records.
Wiersma further alleged that the payment was connected to the handling of the appeal.
Makamu denies the allegations
Makamu has strongly denied communicating with Wiersma or asking for money.
In his response to the JCC, the judge said he had never telephoned or communicated with Wiersma on WhatsApp and denied asking anyone to pay university fees for a relative.
He also disputed the cellphone numbers relied upon by Wiersma and said he did not know the account into which the R5 000 was allegedly paid.
Makamu told the JCC that the numbers and bank account should instead be investigated by law enforcement to establish who was behind them.
The JCC ruling also records that court officials provided statements concerning interactions with Wiersma and said they had warned him that the approach he described appeared to be a scam.
What the JSC found
The JCC did not make a finding that Makamu was guilty of corruption.
Instead, the committee found that the allegations were sufficiently serious to require a formal investigation.
The committee noted that the complaint contained “several troubling apparent inconsistencies, unconfirmed and implausible allegations”, but said the gravity of the claims meant they could not simply be dismissed.
“A full, impartial investigative process is necessary to establish the facts and to determine the veracity of the claims,” the JCC stated.
The complaint was consequently referred for an inquiry under section 17(2) of the Judicial Service Commission Act. The JSC’s 2026 records list the Wiersma v Judge MS Makamu matter under its judicial-conduct rulings.
MK Party wants Makamu to step aside
MK Party spokesperson Sifiso Mahlangu said the party wanted the allegations placed before both law-enforcement and judicial authorities.
“The party believes that allegations of corruption involving judicial officers must be taken seriously and subjected to proper investigation by the relevant law enforcement and judicial authorities,” Mahlangu said.
He added:
“The purpose of opening the criminal case is to place the allegations before the appropriate law enforcement authorities so that they can be investigated and determined in accordance with the law.”
Mahlangu said the party was also concerned with protecting the integrity and independence of the judiciary.
“Where credible allegations arise concerning the possible misuse of judicial office, they must be investigated transparently, fairly, and without fear or favour,” he said.
The party has therefore called on Makamu to step aside while the criminal and judicial-conduct processes continue.
“Should any criminal conduct be established, those responsible must be held accountable,” Mahlangu said.
The matter is still to be determined
The opening of a criminal case does not amount to a criminal conviction, while the JCC referral is not itself a finding that Makamu committed misconduct.
