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A Bloemfontein magistrate and an accused fraudster were convicted after 192 secret calls between them exposed their improper relationship.
Regional Magistrate Leavit Mkansi and Stanley Bakili were found guilty of defeating the ends of justice and sentenced by the Bloemfontein Regional Court. Pictures: X/@RSA_JCPS
An investigation uncovered a friendship, with over 192 calls between a Bloemfontein regional magistrate and an accused person, which has led to their conviction for defeating the ends of justice.
This week, the Bloemfontein Regional Court has fined Regional Magistrate Doctor Leavit Mkansi R120 000 or a five-year prison sentence, while his co-accused Stanley Bakili was fined R60 000 or 30 months in prison, with an additional 30 months suspended for five years.
On 27 April 2013, Bakili was arrested on 27 counts of fraud, and while he was initially charged with two other co-accused, their trials were later separate, and he stood trial alone from 21 October 2016.
Bakili appeared before six different regional magistrates during the trial. He complained to the magistrates overseeing his case twice, on 13 December 2016, and 31 January 2017.
Bakili’s trial finally came before Mkansi on 17 February 2017. He pleaded not guilty to all charges, though several witnesses testified against him during the proceedings.
Investigations revealed that Bakili and Mkansi communicated via cell phone in May 2018 when Bakili applied for bail in an unrelated matter.
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The prosecutor in the case brought the issue to the court’s attention, resulting in an application for Mkansi to recuse himself. The regional magistrate recused himself from the case, but he denied that the phone number in question was his.
However, further investigations revealed that the number did belong to Mkansi and that he also had two other cell phone numbers. According to the investigation, communication between Bakili and Mkansi started as soon as Bakili came before him in court.
During Bakili’s trial, the court heard that Bakili and Mkansi often chatted on specific days, and they kept in touch throughout the day.
Evidence from Bloemfontein Windmill Casino also revealed that Bakili and Mkansi were at the casino at the same time on multiple occasions. During this time, Bakili had a casino balance exceeding R9 million.
When Bakili failed to appear in court on several occasions, the Regional Magistrate issued a warrant for his arrest. On the same day, the two continued to communicate over the phone.
Even on the day that Mkansi cancelled the warrant, records revealed that he and Bakili continued to communicate.
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Ultimately, there were more than 192 calls between Bakili and Mkansi’s three phone numbers.
After it was uncovered that the regional magistrate and the accused maintained frequent communication throughout Bakili’s ongoing trial, the men were charged with defeating the ends of justice.
Additionally, Mkansi failed to report or reveal his personal communication and relationship with Bakili.
Mkansi also made misleading statements on record in his ruling about the recusal application, downplaying the frequency and nature of their communication, and denied any involvement in speaking with Bakili.
His actions ultimately led to the need for Bakili’s fraud prosecution to start from the beginning before a different magistrate.
In court, Bakili stated that he and the regional magistrate had been friends long before the magistrate presided over his case and that they had previously interacted. He mentioned that Mkansi was one of the guests at his wedding.
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Mkansi, however, denied knowing Bakili and contacting him, although he was unable to provide an explanation for the communication between their mobile numbers.
During cross-examination, Mkansi initially denied that the cell phone numbers were his but later admitted that they were indeed his official contact numbers. Both men were found guilty of defeating the ends of justice.
Despite the strong evidence, Magistrate Smith said in her sentencing that neither accused expressed regret for their acts.
Meanwhile, Mkansi was suspended in May 2020 and faces possible corruption charges by the Magistrates Commission.
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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