A magistrate who trawled Internet porn sites on his work computer and another who sent foul SMSes to a female clerk are back on the bench after MPs gave the nod for their suspensions to be lifted this week.
Both magistrates had been suspended on full pay, pending investigation, for the past few months. And, while their suspensions had been relatively brief, MPs heard this week how some investigations into errant magistrates had taken as long as four years to complete.
Not only were the suspended magistrates paid in full, but stand-ins had to be found to prevent a backlog building up in their absence.
Other errant magistrates face charges ranging from being drunk on the bench, theft, intimidating members of the public, to perjury and fraud.
Though less than one percent of magistrates were investigated for serious crimes, the full pay they received while on suspension ran into millions, the magistrates commission, which investigates and makes recommendations on suspensions, told MPs.
But the commission said its hands were tied as the bulk of the cases were in criminal courts. Though it constantly approached the National Prosecuting Authority about postponements, it could not rush the cases. And it could not run its own investigations until the criminal cases had been finalised.
One MP suggested that provisionally suspended magistrates not be given full pay, but the commission said this could be seen as unconstitutional.
Both magistrates who had their suspensions lifted, one from Pretoria and one from Ermelo, had been cautioned and reprimanded, the committees heard.
The Pretoria magistrate was first officially suspended on full pay while facing a charge of theft. The magistrate, his wife and son were all found guilty and convicted of taking stolen goods, but on appeal the conviction was overturned, the committees heard.
He was, however, also investigated by the magistrates commission on an unrelated charge of retaining and forwarding pornographic material on and from an office computer.
In July the magistrate was found guilty of misconduct in respect of the porn charge and in that he had failed to act at all times “in a manner which upholds and promotes the good name, dignity and esteem of the office of magistrate and the administration of justice”.
Since the theft charge was no longer hanging over him and because the nature and seriousness of the charge of misconduct on which he was found guilty did not warrant provisional suspension, as it “did not impact upon his fitness to hold office”, he was reinstated by the portfolio committee this week on the recommendation of the commission.
The Ermelo magistrate, who was known to be “a very good magistrate” and is back on the bench, was investigated by the commission after a female clerk, employed at the magistrate’s office, made 10 complaints against him.
For about a month in 2008, the magistrate on 10 different occasions “conducted himself in an unbecoming and embarrassing manner” towards the clerk.
During investigations against him he called four witnesses in mitigation, saying he had been provoked into sending the SMSes to which the complaints related.
While the presiding officer said the magistrate’s misconduct was serious, “it did not justify a sanction of removal from office”.
He had been cautioned, reprimanded and had to write an apology to the clerk. The clerk had since been moved “at her own request to be closer to where her husband is working and living. Her transfer is not related to the incident”, said Meijer.
Two other magistrates were this week given the boot for their behaviour.
A woman magistrate, Ashika Maharaj, who had been on probation in George was found guilty of five charges against her relating to, among other things, lying under oath during the investigation against her, intimidating an estate agent over the phone and cashing a cheque at a casino, that bounced.
It was also alleged that Maharaj, when she was an attorney, won over R60 000 for a pensioner client, but held onto the pensioner’s money and only returned it when the Law Society got involved. It was alleged she told the pensioner that she “had a lot of clout” and that the pensioner would spend “the next three years in court fighting for the money”.
Maharaj was said to be a platinum member at a casino in George, where she had spent about R9 million over a few years.
Because she was such a good client the casino had allowed her to give it a cash cheque, which later bounced.
The misconduct inquiry against her started in March 2007, but the commission was only able to start leading evidence in August last year, and it was finalised this year. In this time she was on full pay.
Another magistrate, Nathier Jassiem, who was on the bench in Mitchells Plain in Cape Town and had unlawfully practised as an attorney and a magistrate simultaneously, was also removed from the bench this week. He had lied to the Law Society, saying he had permission to do both jobs. Jassiem was charged with misconduct last December and had been on full pay up to his removal this week.
Four cases in which magistrates have been provisionally suspended pending investigation include:
* A magistrate in the Lichtenburg area, facing a number of charges including three of theft. The case has been postponed to later this month. The commission is also investigating other charges, including that the magistrate allegedly tried to coerce an investigating officer to drop charges against an alleged stock thief.
* A magistrate from Polokwane has been provisionally suspended pending investigations into corruption. The magistrate was arrested in an undercover operation. It is alleged that he, a prosecutor, and an attorney, together arranged the outcome of a trial by predetermining the sentence for financial reward. The magistrate is out on R10 000 bail. The case first went to court in February. It has been postponed many times and has now been set for trial in March next year. The magistrate is on full pay. - Weekend Argus