Benched magistrates cost millions

TAXPAYERS have so far forked out more than R5.6-million for the salaries of four magistrates who are suspended with pay.

The magistrates face hearings over misconduct, including corruption, gambling during office hours, sleeping on the job and making personal phone calls at work costing thousands of rands.

They continue to draw a salary while their disciplinary proceedings drag on. Magistrates earn at least R788 000 a year, meaning that more than R250 000 a month goes into these four magistrates’ pockets for doing nothing.

Former Limpopo magistrate Ronnie Rambau pocketed more than R3-million while he was suspended with pay.

Rambau will never face the music in disciplinary proceedings because he resigned in October after nearly four years on suspension — before the disciplinary process could be concluded.

The Magistrates Commission recently briefed the parliamentary portfolio committee on justice and correctional services on the cases of suspended magistrates whose hearings are still pending after years.

Commission secretary Godfrey Ramoroka told the Sunday Times that there were certain challenges that often delayed proceedings.

These included difficulty in getting hold of witnesses and magistrates pleading illness, swapping legal representation and appealing outcomes.

Ramoroka said there was “no set rule” when it came to deciding to suspend a magistrate with or without pay.

Disciplinary action against Rambau was delayed pending the outcome of a criminal trial, which has been plagued by countless delays.

Rambau was arrested in 2010 after he was caught in a police trap with money he allegedly received as a bribe. He stands accused of corruption together with a former prosecutor and an attorney.

The criminal trial has been delayed by changes in attorneys, claims that evidence has been tampered with, illness — and a bid by Rambau to have the presiding magistrate removed because of alleged bias.

After failing in his bid to have the magistrate removed by the high court and the Supreme Court of Appeal, Rambau re- portedly planned to approach the Constitutional Court, but it has been established that he has not filed documents with South Africa’s highest court.

National Prosecuting Authority spokesman Velekhaya Mghobozi said the case would return to the Musina Magistrate’s Court on Tuesday this week.

Mghobozi said the state closed its case years ago and the delays were of Rambau’s own making.

The four suspended magistrates whose misconduct hearings have yet to be concluded are Kimberley magistrate Pumelele Hole, Midrand magistrate Johannes Kgomo, Kempton Park magistrate Judith van Schalkwyk and Delmas magistrate Raesetea Malahlela.

More than R250 000 a month goes into these four magistrates’ pockets for doing nothing