Several suspended magistrates use delay tactics to earn for years until they’re booted: Magistrates Commission

CAPE TOWN - The Magistrates Commission says delay tactics are the reason several magistrates who are on suspension continue to earn their salaries for years, until their removal from office.

On Wednesday, it revealed to Parliament that magistrates facing the chop for misconduct regularly challenge their disciplinary processes, even before the courts.

Among the cases under discussion by the select committee on justice included that of Pretoria’s suspended chief magistrate, Desmond Nair, who is facing corruption charges for links to state capture company Bosasa.

The Magistrates Commission says it often struggles to find a judge who is available to preside over disciplinary matters within a reasonable time frame.

The select committee on justice heard that in a number of cases, magistrates themselves also stall the process even when they are criminally charged for their misconduct.

Secretary of the Magistrates Commission Maritshane Finger updated the committee on the latest in Nair’s disciplinary case, who has been suspended on full pay for over two years.

“There was an application for absolution from instance. Obviously, from our side we are saying this is a disciplinary matter. We’ve never heard of such an application.”

Among the misconduct charges faced by suspended magistrates include running a ponzi scheme, rape, defeating the ends of justice and threatening journalists.

The select committee said it wants to see the speedier resolution of cases that are impacting the fiscus.