By REGINALD KANYANE
16 April 2025 – The Select Committee on Security and Justice today raised its grave concern regarding the payment of magistrates on suspension, as seven such magistrates have already cost the country over R31 million.
The Chairperson of Committee, Jane Mananiso, said one such magistrate has been on suspension with full remuneration since September 2018, having received over R8 million since then for doing nothing. Mananiso said it cannot be that these suspensions continue indefinitely.
“This is taxpayers’ money that could have been used for much-needed programmes. The Magistrates Commission, a regulatory body for the Lower Court Judiciary, updated the committee today on disciplinary proceedings and measures to reduce the length of time these disciplinary proceedings take.
“The committee also received a briefing on progress in addressing systemic challenges. The meeting follows the tabling of a report in Parliament by the Minister of Justice on the recommendation of the Magistrates Commission dated 11 February 2025,” she said.
Mananiso further said the report confirmed the suspension of Ms R Govender, Magistrate at Lenyenye in Limpopo and submitted in terms of the Magistrates Act. She added that the report was referred to the committee for consideration.
“The established procedure is for the commission to brief the committee, and the committee can then pose questions to the commission on the process, details of the report and disciplinary process.
“It is then for the committee to decide in terms of the Act, whether or not the restoration to his or her office of a magistrate so suspended is recommended,” said Mananiso.
She said the committee heard that the suspension of six magistrates between 2018 and last year cost taxpayers over R31.3 million. Mananiso said this includes the remuneration for Mr E Nzimande, suspended since 27 September 2018, of over R8.1 million, Ms Bodlana, over R8 million since July 2020, Mr Mkantsi’s R7.3 million since May 2020, and Mr D Nair’s R5.5 million since February 2020.
“The committee heard that disciplinary hearings have started in all instances. The commission told the committee that, because of the legislation governing them, none of them are full-time and must deal with these matters in their own time.
“The public money cannot continuously be used to fund suspended magistrates. You can clearly see that there has been an outcry due to its impact on the public purse,” she said.
Mananiso said the commission conceded that not all postponements of the disciplinary hearings were due to the suspended magistrates. She said sometimes, it was because presiding officers retired, or the evidence leaders were unavailable.
“The committee noted the concession but maintained that cases dragging back to 2018 and 2020 were not acceptable. The committee also heard nine trials for suspended magistrates have been concluded since 2022, and three magistrates have been removed from office.
“Six magistrates have resigned during the disciplinary hearings. The committee also noted that 223 District Court Magistrate posts were filled in 2023,” said Mananiso.
She said in December 2024, 139 posts of Senior Magistrates (including those who will be dedicated to performing Quality Assurance), District Court Magistrates, and Regional Court Magistrates were advertised. Mananiso said the commission indicated that it anticipated finalising appointments of Regional Court Magistrates by July 2025, and the rest in November 2025.
She said the committee also made a strong case for the vetting of magistrates before appointment. Mananiso said they felt strongly that the vetting could assist magistrates in not finding themselves on the wrong side of the law and to promote the culture of ethical conduct.
The Guardian 