Confidentiality of the in-camera deliberations of judges is fundamental to the courts’ tradition of secrecy. The SMS must be seen for what it is: a scandalous leak. Imagine you are a judge in a serious case about crimes against the state, such as terrorism and sedition. The case is acutely complex and has far-reaching national ramifications. Let us say that the proceedings were at the sentencing stage after the accused person pleaded guilty to all charges. The prosecution approaches the bench and whispers in your ear that they overheard a journalist or someone in the courtroom gallery saying that rumours are that the state president will announce a decision tomorrow to pardon the accused before you. Gripped with concern not to hand down a decision that will contradict the supposed announcement of the president, you bring the proceedings to an abrupt end indefinitely only to be told that there is no such intended announcement by the president. How independent do you think you are as a judge? The above hypothetical story is no exaggeration nor is it intended to spread a fake story about the judiciary. It is common cause that it happened in the Pretoria High Court when the case of Public Protector Busisiwe Mkhwebane had to be postponed following an SMS that was sent to Andrew Breitenbach, a member of the legal counsel for Parliament, by Ismail Abramjee that he “had it on very good authority” that Mkhwebane’s rescission case was going to be dismissed by the Constitutional Court. I am still perplexed why Abramjee, described as a legal analyst and consultant, should influence the continuation of the proceedings of the court in this manner. There are three fundamental problems with this saga: first, it creates a doubt as to whether the Constitutional Court is staffed with disloyal people or infiltrated by individuals preoccupied with destroying its credibility and integrity. Second, what crime has been committed against the administration of justice, and if any, what is the Office of the Chief Justice going to do about it? Third, should the Pretoria High Court judge have stopped the proceedings based on a rumour? It has been reported that Mkhwebane “has pressed criminal charges against the sender, Ismail Abramjee, and the justices of the Constitutional Court, and sent a scalding letter to Chief Justice Raymond Zondo, demanding to know the scope and terms of the investigation into the text message.” In the interests of objectivity, I would not ...