Durban — It’s believed that suspended KwaZulu-Natal Regional Court President Eric Nzimande was paid handsomely for his position, as it was reported that he allegedly earned R6m while suspended over a five-year period.
However, it emerged during his disciplinary hearing this week that Nzimande apparently relied on “loans” from junior colleagues, some of whom he appointed as acting magistrates, and lawyers to make ends meet at times.
On one occasion, Nzimande took R2 500 from an attorney because he was “short of funds” to attend a meeting, the same attorney also provided R10000 to help with his daughter’s university fees.
An acting magistrate, who was supposedly appointed on Nzimande’s recommendation, told investigators that she deposited money into his bank account in lieu of a loan to his mother.
Two witnesses were led during the disciplinary proceedings held at the Point Road Branch Court in Durban this week.
Retired Supreme Court of Appeal Judge Jeremiah Shongwe presided over the hearing instituted by the Magistrate’s Commission, a regulatory body for magistrates.
Advocate Sipokazi Poswa-Lerotholi SC, is the Commission’s lead prosecutor, supported by advocate Keatlaretse Magano.
Nzimande, suspended in October 2018, faces more than 160 misconduct charges, including absconding from work and frequenting the local Suncoast Casino.
Nzimande maintained his innocence in respect of all the charges and is set to maintain that stance when criminal proceedings, over similar charges, commence at the Durban High Court in May.
The Commission listed “Count 51” as the main count in its hearing.
Here, Nzimande allegedly acted “unlawfully and wrongfully”, victimised and sexually harassed an acting regional magistrate, who was appointed through his influence.
Therefore, she was made to feel indebted to him for her job.
In deposing an affidavit setting out her allegations, she said her initial contact with him was when he assisted her with her regional court appointment in 2013.
She claimed that the victimisation and Nzimande objectifying her began from the time she took up the position.
While she resisted his sexual advances she submitted to his money requests and provided him with loans, which usually occurred around pay days. More than R140000 was given over a two-year period.
When she indicated that she would be reporting Nzimande’s conduct to the “ethics committee”, he paid back R40 000.
She supported her complaint with an affidavit. When the Commission requested further information, her attorney responded by indicating that her complaint must be withdrawn but her affidavit stood.
Her actions were the subject of much scrutiny when Nzimande’s legal representative, attorney Ravindra Maniklall, cross-examined the Commission two witnesses this week.
Johannes Meijer from the Commission’s Magistrate Quality Assurance Assessment Unit began testifying on Monday.
Meijer emphasised that while she withdrew her complaint, she stood by her affidavit, “which was reason enough for the investigation to continue”.
“She felt pressured to pay the money or lose her job.”
He said based on the nature of her complaint, he felt duty-bound to make recommendations to the Commission to investigate and reported the matter to police.
Maniklall said there existed no evidence that any of the alleged payments made by acting magistrates or attorneys was for the purpose of Nzimande’s favour.
He questioned why Meijer did not inform police that the woman had withdrawn her complaint, Meijer said it hadn’t crossed his mind.
“The police used the affidavit for subpoenas to access Nzimande’s personal records (cell phone records, casino access etc).
“Was the commission aware that this was used as a backdoor to access his banking records.”
Maniklall said it was surprising that his client was not informed about the woman’s complaint withdrawal (February 2016) for years, but only learnt about it recently.
“He could have dealt with this a long time ago and continued to do his work.
“To exacerbate the situation, the judiciary in KZN that he presided overcame under attack, and his personal affairs were published through media leaks.
“He couldn't defend himself because he can't respond to the media.”
Maniklall said he had nothing to do with rhino poaching, as speculated in the media.
Responding to Meijer’s submission that Nzimande visited the casino during working hours, Maniklall agreed his client had a “loyalty club card”, but there was no evidence confirming that it was Nzimande.
“Loyalty cards can be used by anyone. There was never a complaint that he was never at work when he was supposed to be,” said Maniklall, which Meijer accepted.
SAPS investigator Lieutenant-Colonel Jason McGray, who is the lead investigator in the matter, testified on Friday.
McGray spent much time on various deposits made into Nzimande’s bank accounts.
He also told the court that some of the acting magistrates were defence attorneys in rhino poaching cases.
McGray said he became “suspicious” with how a former clerk of court turned prosecutor had deposited money into Nzimande’s account, which were apparently payouts from a stokvel he belonged to.
The matter continues tomorrow.
Sunday Tribune