Cape Town - The disciplinary hearing of suspended KwaZulu-Natal regional court president Eric Sibusiso Nzimande has again hit a snag after two officers appointed to lead evidence against him asked to be withdrawn from the case.
Justice and Correctional Services Minister Ronald Lamola revealed this when he was responding to parliamentary questions from Freedom Front Plus leader Pieter Groenewald.
This comes four months after Lamola said, when responding to a set of parliamentary questions, that the Magistrate Commission resolved to charge Nzimande in August 2018 after it confirmed receiving a number of serious complaints.
He said at the time the initial charge sheet containing 50 counts of misconduct was personally served on him in September 2018.
However, the charge sheet subsequently grew with a total of 162 charges served on Nzimande via his attorney in March this year.
Lamola had said Nzimande would face the disciplinary hearing in August.
Following the minister’s undertaking, Groenewald enquired again whether Nzimande was subjected to a disciplinary hearing.
In his response, Lamola said the Magistrate Commission was ready to proceed with the disciplinary matter since the previous response as it had already appointed two officers to lead evidence.
“In the process in getting the officer to lead evidence to be trial ready one of the officer to lead evidence, regional magistrate Johannesburg, indicated that he will be leaving the judiciary to go on pension during 2022 and the matter will not be finalised by the time he leaves.
“Based on that reason, he requested to be withdrawn as officer to lead evidence,” he said.
Lamola also said the remaining officer to lead evidence, also requested to be withdrawn.
He said the reason for the second officer to lead evidence was that the disciplinary hearing related to 165 counts, inclusive of alternative charges, which would require months of preparation.
“He indicated that the officer to lead evidence must be able to have the required time on hand (many months) to thoroughly prepare for this complex matter prior to it even reaching a stage of being pre-trial ready.
“That responsibility alone is certainly not a one-man-task and definitely requires a minimum of two persons to prepare for the leading of the evidence.”
Lamola said the officer had noted that the preparation would include working through all the evidence, which consisted of many lever-arch files of documents and statements.
“He requested to withdraw as officer to lead evidence as he will not be able to find himself in a position to time-manage his personal life in order to give this matter the time that it deserves, together with some other reasons he chose not to disclose.”
The minister also said the Magistrate Commission has approached the Department of Justice and Constitutional Development to facilitate the appointment of new people to lead evidence.
“A team has been identified for this purpose,” Lamola said.
In his 2018 report to Parliament, then minister of justice and correctional services Michael Masutha said Nzimande, who was 59 at the time, had served in the lower courts as a regional magistrate since July 2000 and was appointed the regional court president in June 2011.
Masutha also said at the time the Magistrate Commission had during its preliminary investigation obtained reliable evidence indicating that the allegations against Nzimande were of such a serious nature as to make it inappropriate for him to perform his functions.
The initial 50 charges against him included allegations that he received payments from attorneys he recommended as acting magistrates.
There were also allegations that between 2012 and 2015 he sexually harassed a female acting regional magistrate by calling her into his office, asking her to sit on his lap while talking to her and or indicating that she was indebted to him for her job.
“The activities which he engaged (include telling) her of other magistrates who will engage in sexual favours in return for employment perks and/or sent a picture/photo of his genitalia via cellular phone to her which conduct violated her right to integrity of her body and personality.”
Political Bureau