Magistrates fear for their lives as assassins stalk SA

While political assassinations have been a feature of South African life for several years, equally concerning has been the recent spike in targeted hits on judicial officers, lawyers, whistle-blowers and anti-crime investigators.

Targeted hits in general, as revealed by the Global Initiative Against Transnational Organized Crime, has reached crisis levels in the country, increasing by 70% since 2000 [84 cases in 2000 and 143 cases in 2021].

At least seven magistrates have been assassinated in South Africa between 2000 and 2022, according to the international non-governmental organization.

This includes the recent attack on Mount Aylif magistrate Buliswa Tseki-Phatho, 38, who died in a hail of bullets that also injured her husband and children.

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The family was driving in the Nomlacu locality, near Faith Mission Church, when occupants of a white Ford Ranger opened fire on their vehicle.

Though the motive for the murder is yet to be established, the attack bears the hallmarks of a targeted hit, with nothing taken from the victims.

Criminal Justice system targeted

Targeted killings like these, Global Initiative Against Transnational Organized Crime analyst Chwayita Thobela said, have a crippling, chilling effect that significantly harms efforts to combat organised crime and corruption.

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Chwayita said the impact of these assassinations is far-reaching and results in the intimidation of members of the criminal justice system.

The analyst noted that the taxi industry, due to decades of violence over routes and profits, has become a ready source of professional hitmen.

“Police responses to instances of targeted killings have often been fragmented and ineffective. Few killers, or the people that recruited them, are ever brought to book,” Chwayita said.

In January 2018, Cullinan magistrate Victor Mabunda, was gunned down in broad day light as he pulled up at his Bronkhorstspruit home, 50km east of Pretoria.

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On the day of his murder, Mabunda had reportedly told colleagues that he had been offered a bribe.

In November 2019, Thomo Ngoato, Paulos Fourie and Thato Maringa, were found guilty for the murder and sentenced to life imprisonment by the high court in Pretoria.

Ngoato, a Cullinan Correctional Centre warden, had sought help from his colleague and friend, Fourie, to kill Mabunda, who was presiding over their dagga smuggling case and roped in Maringa, an inmate at the prison.

Magistrates living in fear

More than 50% of the magistrates responding in the 2019 Magistrates Matter Judicial Officer Survey on perceptions of their work environment, were concerned about their personal safety both in and outside of court.

The survey noted that magistrates’ fears of being harmed were genuine, as “several magistrates have recently been gunned down in a series of assassinations”.

Judges Matter research and advocacy officer Mbekezeli Benjamin said out of 165 magistrates sampled for 2019/2020 research, 44% said they had been personally threatened or harmed because of their judicial role.

He, however, said they could not interrogate further to establish the nature of the threats and types of harms.

“We have just received the raw data from the second run of the Magistrates Perceptions Survey that we did in the last few months. We have not analysed it yet,” Benjamin said.

He said they were extremely concerned about the safety and security of all judicial officers as any threat to their safety strikes at the height of constitutional democracy and threatens the rule of law.

[HAPPENING NOW] This morning @SAPoliceService Minister Gen Bheki Cele paying a comfort visit to the family of murdered WC Magistrate, Romay Van Rooyen. Her brother Tesswell tells Minister Cele that the 50 year old Magistrate dedicated her life to public service. pic.twitter.com/T3xexjuxeS

— Lirandzu Themba (@LirandzuThemba) September 14, 2022

Benjamin said they are encouraged by leaders like Eastern Cape Judge President Selby Mbenenge reiterating that – despite these threats, the judiciary will continue its work without fear or favour.

He pointed out that while every life lost was a tragedy, it was important to interrogate specific incidents within their context before drawing definite conclusions on whether they are hits or as a result of crime in general.

“In many cases what’s often missing is precisely this information. For this reason, we have consistently urged the Department of Justice and [SA Police Service] to expedite investigations and prosecutions into these killing, and play open cards and share accurate information for the public,” Benjamin said.

He warned that lack of accurate information sparked speculation, which he said was not helpful other than reinforcing the fear that the judiciary was under threat.

The Department of Justice and Correctional Services is yet to respond to questions on what is being done to improve the safety of judicial officers and other members of the security cluster.

The following magistrates have been murdered since 2000:

1. 2018: Victor Mabunda – magistrate (Gauteng) 
2. 2009: Patrick Maqubele – judge (WC) 
3. 2005: Colin Mashego – magistrate (Gauteng) 
4. 2002: Ockert Oliver – magistrate (Gauteng) 
5. 2001: Tony Hofert – magistrate (KZN)  
6. 2000: Pieter Theron – magistrate (Western Cape)  
7. 2022: Buliswa Tseki-Phatho – magistrate (Eastern Cape)

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