‘Stalingrad tactics’: Justice committee warns magistrates quit before found guilty
· Citizen
Parliament’s justice committee has warned that “Stalingrad tactics” delay magistrate disciplinary processes for years, allowing officials to resign scot-free before finality and avoid accountability.
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The portfolio committee on justice and constitutional development chairperson Xola Nqola said members are concerned that some magistrates resign after long-running disciplinary processes.
Concern that magistrates resign after long-running disciplinary processes
“We are concerned about the fact that some magistrates resign before matters are finalised, thereby getting off scot-free. We are sitting with so many resignations after protracted processes and legal costs,” he said.
“In some instances, resignation comes at a stage when the process is reaching finality, and it looks like the magistrate would likely be found guilty and be discharged.”
Concerns follow an extensive briefing from the Magistrates Commission on disciplinary matters, provisional suspensions, and determinations to withhold salaries, resignations, and recommendations to remove magistrates from office.
The briefing covered disciplinary proceedings involving Regional Magistrate Kholeka Bodlani, Chief Magistrate Desmond Nair, Regional Magistrate Leavit Mkansi, Additional Magistrate Renie Govender, Senior Magistrate Ashin Singh and Regional Court President Eric Sibusiso Nzimande.
The committee was informed that Bodlani resigned while disciplinary proceedings against her were still outstanding. She was accused of misconduct relating to racially charged communication and judicial conduct.
“Although she is no longer a judicial officer, the committee expressed concern about the broader implications of magistrates leaving office before disciplinary processes are concluded,” the committee said.
Progress in other matters
Meanwhile, the committee welcomed progress in the matter involving Nair, who faces allegations of receiving benefits worth approximately R200 000 from Bosasa in 2016.
Evidence has been concluded, and final oral arguments are scheduled to be heard virtually on 5 October 2026.
Mkansi was found guilty of misconduct following allegations that he had extensive contact with an accused person appearing before him on fraud charges.
The Magistrates Commission has recommended his removal from office, with the matter before parliament for consideration.
Magistrate Govender was also found guilty of misconduct, with the commission recommending her removal from office.
The commission closed its case in July 2026 in the matter involving Nzimande, who faces 162 counts of misconduct alleged during 2012 to 2016, including allegations relating to improper payments from attorneys and sexual harassment.
The hearing before retired Judge Khami Makhafola is scheduled to continue from 19 to 30 October 2026. He has been on suspension since 2018.
The committee emphasised that disciplinary matters must be resolved quickly without compromising procedural fairness and took note of the continuing proceedings involving Singh.
‘Stalingrad tactics’
Nqola said the committee needs to investigate how the disciplinary framework deals with such cases and whether mechanisms exist to ensure that resignations don’t bring serious misbehaviour proceedings to an effective end.
The committee was informed that currently the law allows for a magistrates to resign at any given time.
Nqola said the committee was concerned that what he described as “Stalingrad tactics” were contributing to delays in some matters.
According to an opinion by Judges Matters, this refers to a wearing down of the plaintiff by tenaciously fighting anything the plaintiff presents by whatever means possible and appealing every ruling favourable to the plaintiff.
Here, the defendant does not present a meritorious case. This tactic or strategy is named after the Russian city that was besieged by the Germans in World War II.
“The commission must ensure that these matters are fast-tracked so that magistrates are held accountable. We cannot have disciplinary processes continuing for years, only for a magistrate to resign before the matter is concluded.
“The state is left carrying the financial and administrative costs, while accountability remains unresolved,” Nqola said.