Suspended magistrate pleads for intervention

His suspension follows a protracted battle with regional court president Khandilizwe Nqadala, where they laid counter-claims against each other, including intimidation, bringing the justice system into disrepute, defamation of character, abuse of office and crimen injuria.

Hole, in an e-mail directed to the Minister of Justice and Correctional Services, pleaded for assistance this week.

“I am a family man with minor children to feed and send to school, besides my other financial obligations such as paying a home loan and vehicle finance. My family depend on my salary for susten- ance. Life without a salary has hit my children the hardest. Besides having the worst Christmas of their lives, my children now have to go without the bare necessities of life. I have also not been able to pay their school fees, among other things.”

He added that he had applied for an urgent interdict before the North Gauteng High Court in an attempt to prevent the withholding of his salary.

“That application was argued before Madam Justice Khumalo on February 14. To date a judgment has not been handed down. I do not know how much longer it will take the honourable justice to deliberate on the matter.

“Meanwhile, I request the minister to consider granting me permission to earn an income outside my withheld salary. If my request should find favour with the Minister I intend to practice as an attorney in East London. This is the only way I can sustain my children while I await the outcome of this litigation.”

Hole indicated that despite assurances that judgment would be handed down on his matter on April 28, as well as the week of May 2-5, nothing had materialised.

While Hole was informed in correspondence that his e-mail had been referred to the chief of staff of the Minister of Justice and Correctional Services, he indicated that he had not received any response.

His 17-year-old son, in an e-mail sent to the chief justice, stated that his mother was “having a difficult time trying to make ends meet”.

He added that the family was forced to sell their television in order to buy school stationery and that his younger brother had to go without a school uniform.

“We continue to suffer … My father has been unable to pay our school fees and I received a fees statement from school which showed how much we owe the school. It was stamped in red ‘overdue account please pay to avoid legal action’.”