Parliament, Tuesday, 29 September 2026 – The Portfolio Committee on Justice and Constitutional Development today raised concern over prolonged disciplinary proceedings involving magistrates, particularly instances where magistrates resign before disciplinary processes are completed, potentially avoiding the conclusion of proceedings after significant time and public resources have been expended.
The committee received an extensive briefing from the Magistrates Commission on disciplinary matters, provisional suspensions, determinations to withhold salaries, resignations and recommendations for the removal of magistrates from office.
Committee Chairperson Mr Xola Nqola said although the committee expressed confidence in the work that the current commissions are doing and the speed with which they are working, committee members had concerns that some magistrates resign after protracted disciplinary processes, some of which were approaching finality.
“We are concerned about the fact that some magistrates resign before matters are finalised, thereby getting off scot-free. We are sitting with so many resignations after protracted processes and legal costs. In some instances, resignation comes at a stage when the process is reaching finality and it looks like the magistrate would likely be found guilty and be discharged,” Mr Nqola said.
The committee was informed that former Regional Magistrate K Bodlani resigned while disciplinary proceedings against her were still outstanding. The allegations against her included misconduct relating to racially charged communications and judicial conduct. Although she is no longer a judicial officer, the committee expressed concern about the broader implications of magistrates leaving office before disciplinary processes are concluded.
Mr Nqola said the committee needed to understand how the disciplinary framework deals with such cases and whether mechanisms exist to ensure that resignations do not bring serious misconduct proceedings to an effective end. The committee was inform that currently the law allows for a magistrate to resign at any given time.
The briefing covered disciplinary proceedings involving 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, who faces allegations relating to benefits worth approximately R200 000 allegedly received from Bosasa in 2016. Evidence has been concluded and final oral arguments are scheduled to be heard virtually on 5 October 2026.
Committee members also noted that Mr Mkansi 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, with the matter now before Parliament for consideration. Magistrate Govender was also found guilty of misconduct, with the commission recommending her removal from office.
The commission closed its case in July 2026 in the matter involving Mr Nzimande, who faces 162 counts of misconduct alleged during 2012 to 2016, including allegations relating to improper payments from attorneys and sexual harassment. The hearing before retired Judge K Makhafola is scheduled to continue from 19 to 30 October 2026. He has been suspended since 2018.
The committee also noted ongoing proceedings involving Mr Singh and stressed that disciplinary matters must be finalised expeditiously without compromising procedural fairness.
Mr Nqola said the committee was concerned that what he described as “Stalingrad tactics” were contributing to delays in some matters. “The commission must ensure that these matters are fast-tracked so that magistrates are held accountable. We cannot have disciplinary processes continuing for years, only for a magistrate to resign before the matter is concluded. The state is left carrying the financial and administrative costs, while accountability remains unresolved,” he said.
The committee reaffirmed that accountability within the magistracy is fundamental to public confidence in the administration of justice. The committee committed to continue monitoring outstanding disciplinary matters and those referred to Parliament in terms of the Magistrates Act. The committee also requested a comprehensive report on the financial cost incurred due to the suspension of magistrates.
ISSUED BY THE PARLIAMENTARY COMMUNICATION SERVICES ON BEHALF OF THE CHAIRPERSON OF THE PORTFOLIO COMMITTEE ON JUSTICE AND CONSTITUTIONAL DEVELOPMENT, MR XOLA NQOLA.
For media enquiries or interviews with the Chairperson, please contact the committee’s Media Officer:
Name: Rajaa Azzakani (Ms)
Tel: 021 403 8437
Cell: 081 703 9542
E-mail: razzakani@parliament.gov.za
Arrange a tour