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Magistrates delay their disciplinary hearings, Parliament hears

───   11:39 Thu, 29 Aug 2019

Magistrates delay their disciplinary hearings, Parliament hears | News Article

Magistrates facing disciplinary hearings – including a Bloemfontein chief magistrate who is accused of rape and another of sexual harassment – are allegedly using "every trick in the book" to delay disciplinary proceedings against them.


This is according to the Magistrate's Commission who reported to the Portfolio Committee on Justice and Correctional Services on Wednesday.

The commission's ethics committee chairperson, advocate Cassim Moosa, and the commission's Hans Meijer told MPs about four cases with which they were dealing.

The committee heard that, in each case, the magistrates used tactics, including applications to the High Court, firing legal counsel or asking for postponements in disciplinary hearings, to delay proceedings.

The commission is dealing with the case of Bloemfontein chief magistrate Mziwonke Hinxa, who, it is alleged, committed rape.

Three potential witnesses in the case died.

The committee heard that police officials sent the complainant "from pillar to post" and that they refused to open a case. She eventually wrote to the Minister of Justice in July 2016.

Before the commission could raise the matter, in January 2017, he provided a report from the then National Director of Public Prosecutions which stated that he would not be prosecuted for the alleged rape.

He also furnished the commission with a statement, purportedly by the complainant, stating that a firm of attorneys paid her R100 000 to implicate him.

"However, the complainant insisted she was raped by Mr Hinxa and denied having ever made such a statement," read the commission's presentation to Parliament.

The commission investigated the allegations of rape against Hinxa and decided to charge him with two counts of misconduct.

He was suspended on November 29, 2017. He lodged an application in the High Court to have the suspension lifted, but it was dismissed with costs.

Hinxa's misconduct inquiry started on October 30, 2018. He raised various issues which had to be argued and no evidence was led. He then requested a postponement to instruct an attorney.

In January this year, the hearing continued and four witnesses testified on behalf of the commission. Hinxa's counsel asked for a postponement to enable them to consult with possible witnesses and prepare for cross-examination.

The hearing proceeded in February, with three further witnesses testifying. It was postponed to May, and continued with further testimony, and then again in July, when the complainant testified. The inquiry will continue from September 30 to October 4.

"We still have a problem with police officers threatening the complainant," Meijer said.

While suspended, Hinxa is receiving remuneration.

One of the other cases the commission is dealing with is that of Eric Nzimande, the regional court president of KwaZulu-Natal.

There are 50 counts of misconduct against him. Most of these involve allegations that he received payments from attorneys he appointed as acting regional magistrates in his jurisdiction between 2012 and 2016.

The commission also updated the committee on a case against senior magistrate and judicial head of the Mossel Bay District Court, Letitia Freeman.

Freeman is charged with 29 counts of misconduct, most of which involve false transport claims. She is also accused of failing to disclose a criminal conviction (theft in 1993) or her directorship of a company when she applied to become a senior magistrate.

The fourth matter of Kempton Park chief magistrate Judy van Schalkwyk dates back to 2013.

She is accused of abuse of power, attending to personal matters during work hours, gambling during work hours, borrowing money from subordinates and handing down judgments she had not written.

The inquiry started in October 2014.


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