Dear Editor
The Democratic Alliance (DA) is calling for urgent intervention following the Magistrates’ Commission’s appearance before the Select Committee on Security and Justice.
The continued delay in disciplinary action against magistrates accused of misconduct is unacceptable. The Commission has failed to act with the necessary urgency to protect the integrity of the South African Judiciary.
Meanwhile, the Department of Justice continues to pay suspended magistrates (some of whom have not worked since 2018) costing taxpayers over R31 million in recent years.
The Commission’s newly presented Standard Operating Procedure (SOP) for handling complaints appears designed to deflect parliamentary scrutiny rather than address its failure to deal effectively with misconduct.
The DA pressed the Commission on three deeply troubling cases:
- Magistrate Leavit Mkansi: Found guilty of defeating the ends of justice by maintaining contact with an accused in an ongoing case through 190 phone calls and multiple casino visits. His remuneration since suspension in 2020 amounts to R7 million, while disciplinary proceedings remain pending.
- KZN Regional Magistrate Nzimande: * Suspended since 2018, pending disciplinary proceedings for his shocking judicial errors yet receiving R8 million in salaries since. Shockingly the delays in proceedings were caused by the Department of Justice, reaffirming its ineptitude in dealing with these cases expeditiously.
- Magistrate Ezra Morrison: No investigation has been launched by the commission into her failure to heed to the warnings of psychological experts that a minor convicted of rape would reoffend.
That same minor is now accused of murdering Deveney Nel. Morrison’s negligence has possibly led to the murder of a young girl, yet the Department of Justice defends her inaction and has assisted her in obtaining protection orders against journalists reporting on the matter.
The DA has demanded a written explanation by the Chairperson of the Magistrates’ Commission’s Ethics Committee in respect of Morrisson and reiterates its call for the Commission to act swiftly against Magistrates accused of misconduct through better resourcing.
The DA furthermore insists that the Department of Justice’s policy of indefinite remuneration of suspended magistrates be urgently reviewed, except in cases where delays are caused by the Department itself.
In response to pressure from the DA, the Select Committee on Security and Justice resolved that the Magistrates’ Commission must report quarterly on all pending disciplinary matters by providing clear timelines for finalisation and reasons for any delays.
The DA reiterates that South Africans deserve a judiciary that embodies integrity of the highest standard; not one that protects bad apples at the expense of accountability.
Regards
Nicholas Gotsell MP
DA NCOP Member on Security & Justice