SA MINISTER OF JUSTICE AND CORRECTIONAL SERVICES SAYS THE LAW MUST BE ALLOWED TO TAKE ITS COURSE

By Samantha Allen

Published: October 10, 2022 | 5:15 PM GMT

After today’s appearance of suspended Pretoria Chief Magistrate Desmond Nair in the Pretoria Specialised Commercial Crimes Court, Minister of Justice and Correctional Services Ronald Lamola says the law must take its course.

Nair appeared in court on corruption charges after accusations were made before the State Capture Commission that he had taken an R200,000 security system from African Global Operations (previously known as Bosasa) as a bribe.

“All persons are equal before the law, whether they are lay persons or officers of the court. The law must now take its course, as it would in every criminal case. Justice must not only be done, but manifestly be seen to be done,” Lamola said.

The Ministry explained that Nair is also facing internal misconduct proceedings as provided for in the Magistrates Act, 1993 and the Code of Judicial Conduct for Magistrates. The criminal charges “will be decided by a court of law”.

“There are two stages to misconduct proceedings. There is, firstly, an internal investigation conducted by the Magistrates Commission. Thereafter, there is a Parliamentary procedure. The Minister of Justice and Correctional Services, Mr Ronald Lamola, on advice of the Magistrates Commission, provisionally suspended Mr Nair on 24 February 2020.

“Thereafter a report was submitted to Parliament to pass a resolution as to whether or not the provisional suspension can be confirmed…[and] Parliament confirmed the suspension of Mr Nair and the misconduct proceedings instituted by the Magistrates Commission against him are in progress,” the department said.

In addition, the department said that the ministry is concerned with the length of time it takes for the Magistrate’s Commission to conclude proceedings involving misconduct.

“The Deputy Minister of Justice and Constitutional Development, Mr John Jeffery, has on numerous occasions expressed his concerns to the Magistrates Commission regarding delays in misconduct proceedings against magistrates,” the department said.

About Samantha Allen

Samantha Allen is a seasoned journalist and senior correspondent at TDPel Media, specializing in the intersection of maternal health, clinical wellness, and public policy. With a background in investigative reporting and a passion for data-driven storytelling, Samantha has become a trusted voice for expectant mothers and healthcare advocates worldwide. Her work focuses on translating complex medical research into actionable insights, covering everything from prenatal fitness and neonatal care to the socioeconomic impacts of healthcare legislation. At TDPel Media, Samantha leads the agency's health analytics desk, ensuring that every report is grounded in accuracy, empathy, and scientific integrity. When she isn't in the newsroom, she is an advocate for community-led wellness initiatives and an avid explorer of California’s coastal trails.