National Assembly accepts suspension of Pretoria magistrate implicated in Bosasa scandal
12 March 2020
The National Assembly on Thursday unanimously approved the suspension of Pretoria's chief magistrate, Desmond Nair, pending the outcome of an investigation into his fitness to hold office.
Nair allegedly asked for, or accepted, or received, special favours or benefits from corruption-accused company Bosasa in the form of upgrades to the security system at his private residence, valued at approximately R200 000.
Last month, Justice Minister Ronald Lamola tabled a report in Parliament regarding the provisional suspension in terms of 13(3)(b) of the Magistrates Act, Act 90 of 1993.
In terms of the Act, Parliament must pass a resolution to confirm the provisional suspension.
The Magistrate's Commission recommended Nair's suspension after a preliminary investigation, in which Nair was allowed to make representations on why he shouldn't be suspended.
The commission took up the matter after testimony at the Zondo Commission into state capture by Bosasa employee Richard le Roux in January last year.
Le Roux, who was issued with a summons to appear before the commission, works for Global Technology Systems, a subsidiary of Bosasa, previously known as Sondolo IT.
At the time, Nair told News24: "I have noted the report and have referred the matter to my legal representatives to follow the legal processes."
Serious allegations
DA MP Werner Horn said an independent and impartial judiciary was an essential part of a democracy.
He said while Nair at this stage was only facing allegations, the seriousness left Lamola with no other option but to suspend him, and the DA supported it.
EFF MP Nazier Paulsen said his party welcomed the provisional suspension and would welcome Nair's removal.
He mentioned several of the allegations against Bosasa, including the donation late Bosasa boss Gavin Watson made to President Cyril Ramaphosa's CR17-campaign and the business it did with Ramaphosa's son, Andile. He added: "Bosasa also captured the judiciary."
IFP MP Christian Msimang said the judiciary was the last check and balance against the abuse of the rule of law.
"Bosasa is well-known and is under a cloud of controversy," he said.
"The IFP is concerned by the continued slow investigation in which allegations of corruption abound, even to some members sitting in this chamber."
'Corruption is corruption'
National Freedom Party (NFP) MP Munzoor Shaik Emam said nobody would give you anything for nothing, they'd expect something in return.
"It is exactly what VBS did!" he said, to the irritation of the EFF MPs.
"Let us be consistent, corruption is corruption."
He also noted that it was only allegations against Nair, but said Lamola's steps were in accordance with the act and the NPF supported it.
ANC MP Richard Dyantyi noted the importance of judicial independence. He said judicial officers must be held to the highest standards of scrutiny and their conduct must be beyond reproach.
He said a strong message was being sent to those still involved in corruption.
No party objected to the resolution.
The National Assembly also removed I. Meyburgh as a magistrate of the Johannesburg Magistrate's Court due to ill-health.
