R31.3 million spent on suspended magistrates' salaries

Taxpayers have paid a staggering R31.3 million for the salaries of fewer than 10 magistrates currently suspended while they undergo disciplinary hearings.

This was brought to light during a presentation by the Magistrate’s Commission to the select committee on security and justice earlier this week.

Among the suspended magistrates is Eric Nzimande from KwaZulu-Natal, whose salary has amassed a shocking R8 million since his suspension in September 2018.

The report indicated that seven magistrates are currently under suspension, with six still receiving pay and one having been suspended only last month.

The commission’s ethic committee chairperson Naome Manaka said unlike in previous instances, all the disciplinary hearings against the suspended magistrates have commenced.

The expenditure on salaries of magistrates “essentially sitting at home doing nothing” was described by ANC MP Edwin Pitso Noe as “money gone down the drain” while the country faced financial constraints.

“There is money that is going njee (loosely translated as roaming freely) by the way how people entrusted on being part of running the government but they conduct themselves in a manner that the country becomes a laughing stock,” Noe said.

DA MP Nicholas Gotsell said the continued delay in disciplinary action against magistrates accused of misconduct was unacceptable.

“The commission has failed to act with the necessary urgency to protect the integrity of the South African judiciary,” Gotsell said.

He also said his party reiterated its call for the commission to act swiftly against magistrates accused of misconduct through better resourcing.

“The DA furthermore insists that the Department of Justice’s policy of indefinite remuneration of suspended magistrates be urgently reviewed, except in cases where delays are caused by the department itself,” he said.

Manaka said the commission was discussing the issue of suspension of magistrates without pay.

However, she noted the question was whether they have the legal power to suspend without pay from the beginning in light of the affected individual still requiring legal representation.

“It is ongoing in terms of us to curb the cost of magistrates who are on suspension with salary as to at what point we act swiftly to make a decision to withhold the remuneration. So it is under discussion,” Manaka said.

In her report to the committee, Manaka also said the commission has adopted Standard Operating Procedure to deal with complaints lodged against magistrates.

“The main concern often raised by the complainants, Parliament and the media is the duration the commission takes to deal with and finalize complaints. There was also no framework setting out timelines for addressing the complaints received,” she said.

“At its recent meeting held in February 2025, the commission approved and adopted the Standard Operating Procedure dealing with complaints,” Manaka said.

The MPs heard that the commission has done an audit of the backlog cases.

 “One of the measures we took to address the backlogs and deal with as many complaints as we can, was that we came up with a timetable.

“We came up with what we call clean up meetings over two to three days and work on extended hours.”

Manaka said there were matters that were in the commission’s books that should have been closed long ago.

“These are matters where the ethics division recommends them, have no merit and should be closed. Those will be complaints dealt with judicial independence, not being satisfied with judgements, the outcome or related issues.”

She also said other complaints related to people being dissatisfied by the treatment from court officials other than magistrates.

“We don’t deal with those complaints because they fall outside the mandate of the commission. We dealt with them in order to expedite the complaints.”

Manaka also said they found that there were cases that had long been resolved but were still in their register recorded as pending

“The problem arose in that the register at the commission was not updated,” she said, adding that there were about 100 of such cases.

Manaka was confident that with the audit of the files and work put into it, things will be good at the commission.

“We are improving on the backlogs. If things go according to the way we plan in terms of timeline and projections, we should as the commission be up to date by the close of this year.”

Manaka told the MPs that nine misconduct cases were finalised since 2022 and three magistrates were removed from office since the term of the current ethics committee.

“We are serious and we want a bench that is reputable, which demonstrates the objects of our constitution.”

She noted that during the clean up of the backlog cases, some magistrates resigned when their matter was being processed.

There are at least six of such cases and one took place two weeks ago.

“We see a lot of resignation arising from being charged based on complains sitting on the commission,” Manaka added.

mayibongwe.maqhina@inl.co.za