Pretoria Chief Magistrate Desmond Nair. Picture: Gallo Images / Foto24 / Theana Breugem
Parliament has expressed frustration over the prolonged disciplinary processes that allow suspended magistrates to continue earning their salaries for years.
On Wednesday, the Magistrates Commission briefed Parliament’s Portfolio Committee on Justice and Constitutional Development, providing updates on cases of magistrates suspended for misconduct.
During the meeting, Naome Manaka, chairperson of the Magistrates Commission’s Ethics Committee, presented updates on several ongoing cases involving magistrates.
These include District Court Magistrate R. Govender from Lenyenye in Limpopo, Pietermaritzburg Senior Magistrate Ashin Singh, Pretoria Chief Magistrate Desmond Nair, Regional Court President Eric Nzimande from KwaZulu-Natal, Umlazi Regional Magistrate Kholeka Bodlani, and Bloemfontein Regional Magistrate Doctor Leavit Mkansi.
Manaka noted that, aside from Govender, the disciplinary processes for these magistrates have faced numerous delays over the years and remain unresolved.
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The magistrates have challenged the proceedings, sometimes even taking their cases to court, despite facing criminal charges related to their alleged misconduct.
She explained that the Magistrates Commission has struggled to secure an available judge to oversee disciplinary hearings within a reasonable timeframe.
Issues with evidence leaders in these proceedings have also contributed to the delays.
Manaka told MPs that Nair remains provisionally suspended, with his disciplinary inquiry scheduled to resume on 27 January 2025.
Nair, suspended in February 2022 with full pay, faces charges related to security upgrades worth approximately R200 000 at his Pretoria home, allegedly provided by Bosasa in 2016.
The upgrades were reportedly a bribe, intended to influence Nair to act dishonestly or improperly in his official capacity as a judicial officer.
In October 2022, Nair was arrested and charged with corruption and has since been appearing before the Pretoria Commercial Crimes Court.
Manaka explained that Nzimande’s disciplinary hearings faced delays due to the retirement of a presiding officer, requiring the search for a replacement.
She noted that former deputy justice minister John Jeffery testified in Nzimande’s hearing last month.
The inquiry was then adjourned and is scheduled to continue from 9 to 13 December.
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Nzimande, who was suspended in October 2018, faces allegations of soliciting bribes totaling over R230 000 from attorneys he recommended to the deputy justice minister for acting magistrate positions.
He is also facing sexual harassment charges.
Manaka further told the committee that Bodlani’s matter has been dormant until recently.
When Bodlani received her suspension notice in July 2020, she attempted to apply for early retirement due to ill health but was unsuccessful.
Her disciplinary inquiry has since faced numerous delays, including her frequent changes of legal representatives, filing of interlocutory applications, and the recent recusal of the presiding officer.
The inquiry will now restart, with a new presiding officer to be appointed and a date to be scheduled.
Bodlani was suspended following a quality assessment of her work, which revealed that she had issued wholly suspended sentences to individuals convicted of child rape while presiding over the sexual offences court.
She also faces charges of misconduct, including allegations of racism, favouritism, and making sexist and inappropriate remarks in court.
Mkansi was suspended in May 2020 and faces possible corruption charges by the Magistrates Commission.
He is accused of maintaining cellular contact with an accused person on 49 occasions while presiding over the accused’s fraud case.
However, Mkansi’s disciplinary inquiry has been repeatedly delayed, with the magistrate frequently filing court applications to interdict the process, compounded by the retirement of a presiding officer.
The Magistrates Commission previously warned Mkansi that his salary may be withdrawn due to the ongoing delays.
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“He wrote back to the commission and advised the commission that at least on one occasion he was not the cause of the delay.
“[He said] the delay was caused by the absence of the person leading evidence and for that reason the commission did not proceed to make recommendation that his suspension should be without salary,” Manaka explained to the parliamentary committee.
The inquiry into Mkansi’s conduct has been postponed to March 2025.
In addition to the disciplinary proceedings, Mkansi faces criminal charges.
His trial took place in the Bloemfontein Regional Court in February 2024, where he attempted, unsuccessfully, to have the charges dismissed.
In May 2024, Mkansi was found guilty of defeating the administration of justice, though his sentencing has been delayed.
Singh was provisionally suspended from office in December 2023.
His pre-trial conference initially faced delays due to the replacement of two evidence leaders.
While proceedings began last month, Singh filed for the recusal of the presiding officer.
Representing himself, Singh appeared at the pre-trial conference in the Pietermaritzburg Magistrate’s Court on 12 November, according to the The Witness.
Singh faces charges related to an inappropriate relationship with a political figure and members of the police’s Crime Intelligence Unit, as well as allegations of threatening two journalists.
Meanwhile, Manaka indicated that Govender’s disciplinary processes have concluded.
She said the Magistrate’s Commission on 3 October recommended to the Minister that the magistrate be removed from office and for a report to be submitted to Parliament on the matter.
Govender was charged due to dishonesty after misleading judges about a case, where she had acquitted the accused in the absence of the state and the suspect.
The magistrate lied and said there had been a full trial, but there was not after the matter was taken on special review.
During deliberations, Democratic Alliance (DA) Glynnis Breytenbach stated that she had “grave concerns” about how long the disciplinary inquiries take.
“They seem to take much longer than it is absolutely necessary and a much sterner approach is required from both the evidence leading parties and from the presiding officers in disciplinary [proceedings] to ensure that these kinds of tactics that are employed to delay these matters are stopped,” she said.
Breytenbach emphasised there was no reason why the cases could not be dealt with more expeditiously.
“Some of these matters [such as] Nzimande and Nair have been going on forever and there’s nothing to gain from it. They must be finalised.
“These people are all on suspension with full pay, it’s costing a fortune and it brings the administration of justice into disrepute. The general public think it’s a joke.
“Magistrates can behave in whatever fashion they see fit and then they get suspended and then it takes forever to get rid of them.
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“For years and years, they sit at home improving their golf skills and getting no work done on full pay. It has got to end,” the DA MP continued.
She further reminded the committee that disciplinary proceedings have to take place within 60 days of the serving of the notice of suspension and should be finalised as soon as possible.
Meanwhile, ANC MP Oscar Mathafa also expressed concern over the cost of the delays.
“We need a commitment that there will be interventions that will assist in fast tracking these matters.”
According to a government gazette published on 18 October 2024, magistrates in South Africa earn salaries ranging from R1.16 million to R1.69 million per annum.
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