Pretoria – Chief Magistrate Desmond Nair on Monday briefly appeared before the Pretoria Specialised Commercial Crimes Court, on charges of corruption.
The suspended chief magistrate stands accused of having received gratification in the form of an electric fence, an alarm system, perimeter beams, and a CCTV system from African Global Operations/Global Technology Systems (formerly known as BOSASA) in September 2016 at his Pretoria Silverton home.
The upgrades were to the value of R200 000.
Allegations are that Nair was granted the upgrades for his influence to act dishonestly or improperly.
The matter was postponed to 7 December 2022 for the defence to make representations.
Meanwhile, the Ministry of Justice and Correctional Services said it was “‘aware of the appearance” of Nair in the Pretoria Specialised Commercial Crimes Court on charges of corruption.
The Minister of Justice and Correctional Services Ronald Lamola, on the advice of the Magistrates Commission, provisionally suspended the Pretoria chief magistrate, Nair, on 24 February 2020.
“In addition to the criminal charges, misconduct proceedings, as provided for in the Magistrates Act, 1993 and the Code of Judicial Conduct for Magistrates, have been instituted against Mr. Nair,” said the justice department.
Explaining the misconduct proceedings, the department of justice said there are two stages to misconduct proceedings.
“There is, firstly, an internal investigation conducted by the Magistrates Commission. Thereafter, there is a Parliamentary procedure,” said the department.
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“Thereafter a report was submitted to Parliament to pass a resolution as to whether or not the provisional suspension can be confirmed, as is required in terms of the Magistrates Act.”
Parliament confirmed the suspension of Nair and the misconduct proceedings instituted by the Magistrates Commission against him were in progress.
The department said Deputy Minister of Justice and Constitutional Development John Jeffery has on numerous occasions expressed his concerns to the Magistrates Commission regarding delays in misconduct proceedings against magistrates.
On the criminal charges, Nair appeared in court earlier Monday, Justice Minister Lamola said: “All persons are equal before the law, whether they are lay persons or officers of the court.”
Lamola added: “The law must now take its course, as it would in every criminal case. Justice must not only be done but manifestly be seen to be done.”
