The Select Committee on Security and Justice this week censured the continued “delaying tactics” on the part of some magistrates facing disciplinary proceedings during a comprehensive briefing from the Magistrates Commission on the disciplinary proceedings involving allegations of misconduct against several magistrates.
These delays place a financial burden on the state and undermine public confidence in the justice system. However, the committee noted progress in a number of long-running matters and emphasised the importance of ensuring accountability, integrity and public confidence in the lower courts.
Committee Chairperson Ms Jane Seboletswe Mananiso said committee members across the board expressed concern about delays in finalising matters and the financial implications for the fiscus. “We are concerned about the loopholes that are found. Some magistrates are resigning before matters are finalised. They get off scot-free. We need these matters to be fast-tracked in order to ensure magistrates are held accountable,” she said.
Committee member Mr Nicholas Gotsell acknowledged the work being done to address the backlog of disciplinary cases but cautioned that some matters are still not receiving the attention they deserved. He noted that several serious cases have been pending for many years. He also questioned whether disciplinary proceedings should simply come to an end when magistrates leave office before the conclusion of the process.
The briefing covered disciplinary proceedings against Chief Magistrate D Nair, Regional Magistrate LT Mkansi, Additional Magistrate R Govender, Senior Magistrate AAK Singh, Regional Court President ES Nzimande and former Regional Magistrate K Bodlani.
The committee welcomed progress in the matter involving Mr Nair, where evidence has been concluded and final oral arguments are scheduled for October 2026. Mr Nair faces allegations relating to benefits allegedly received from Bosasa.
Members also noted developments in the case involving Mr Mkansi, who was found guilty of misconduct following allegations that he had extensive contact with an accused person appearing before him on fraud charges. The Magistrates Commission has recommended his removal from office, and the matter is now before Parliament for consideration.
The committee further noted that Magistrate Govender was found guilty of misconduct and that the Magistrates Commission has recommended her removal from office. The allegations stem from findings made by the Limpopo High Court, which described aspects of her conduct as dishonest and inappropriate.
With regard to Mr Singh, members were informed that disciplinary proceedings are ongoing following several postponements and procedural applications. Committee member Mr Pitso Noe observed that the committee is dealing with legal professionals who possess a deep understanding of the law and are often able to employ legal tactics that delay proceedings. He warned that such delays are costly for all parties concerned.
Mr Noe called on both the department and the Magistrates Commission to explore measures to address these challenges, particularly regarding the availability of presiding officers to ensure matters proceed without unnecessary postponements.
The committee also received an update on the matter involving Mr Nzimande, who faces 162 counts of misconduct relating to alleged improper relationships with acting magistrates and allegations of sexual harassment. The committee noted that the hearing has resumed and that the commission intends concluding its evidence during the current hearing schedule.
The committee heard that Ms Bodlani is no longer a judicial officer after resigning from office. Members nevertheless noted the serious nature of the allegations levelled against her, including misconduct relating to racially charged communications and judicial conduct. Returning to the broader issue of accountability, Ms Mananiso reiterated that the commission should examine loopholes within the disciplinary system, noting that some judicial officers resign before they are required to account for their conduct.
Committee member Mr Virgil Gericke reflected on the importance of the quality of the commission’s work. Mr Gericke urged the Magistrates Commission to ensure that its investigations and disciplinary processes are of a consistently high standard. He said quality work would increase the likelihood of success when matters are challenged on review or appeal. He referred to the matter involving Magistrate Blose as an example of the importance of robust disciplinary processes.
The committee reiterated that accountability within the judiciary is fundamental to maintaining public trust in the justice system. Members acknowledged the challenges that have contributed to delays in some disciplinary matters, including litigation, recusal applications and difficulties in appointing presiding officers, but stressed that disciplinary proceedings must be conducted efficiently and fairly to ensure allegations of misconduct are properly addressed.
Ms Mananiso said the committee will continue exercising its oversight responsibilities over matters referred to Parliament in terms of the Magistrates Act and will monitor progress on all outstanding cases.
The committee also received an initial briefing from its content adviser on written submissions made on the One-Stop Border Post Bill. The committee agreed to hold public hearings in selected provinces before proceeding with its deliberations on the legislation.
Rajaa Azzakani
19 June 2026
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