A KwaZulu-Natal (KZN) magistrate facing a staggering 162 misconduct charges has clocked eight years on suspension while continuing to receive his salary, prompting Members of Parliament (MPs) to demand a comprehensive account of what prolonged suspensions are costing taxpayers.
Regional Court President Eric Sibusiso Nzimande has been suspended since September 2018 while facing allegations of misconduct dating as far back as 2012.
By April last year, Parliament had already been told that Nzimande had received more than R8.1-million in remuneration while suspended.
His disciplinary hearing is still not over.
Parliament’s Portfolio Committee on Justice and Constitutional Development has now requested a comprehensive report on the financial cost incurred through the suspension of magistrates amid mounting concern over disciplinary proceedings dragging on for years.
Eight years and counting
Nzimande’s case provides a striking example of the problem confronting Parliament.
The Magistrates Commission resolved to charge him with misconduct in August 2018, and an initial charge sheet containing 50 counts was served on him the following month. The case subsequently grew to 162 counts.
According to Parliament, the allegations relate to conduct between 2012 and 2016 and include alleged improper payments from attorneys, and sexual harassment.
The commission’s progress report states that allegations include that Nzimande recommended attorneys for appointments as acting regional magistrates and subsequently received payments deposited into his bank accounts.
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Nzimande has pleaded not guilty to the misconduct charges.
The commission closed its case against him in July this year. But the disciplinary proceedings are far from history.
His hearing before retired Judge K Makhafola is scheduled to continue from October 19 to 30.
Millions paid during suspension
Meanwhile, the money metre has continued running.
In April 2025, Parliament’s Select Committee on Security and Justice was told that six magistrates suspended between 2018 and 2024 had collectively cost taxpayers more than R31.3-million.
Nzimande alone had received more than R8.1-million since his suspension.
The latest figure for his remuneration has not yet been disclosed.
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At the time, the Magistrates Commission conceded that not every postponement of disciplinary proceedings could be blamed on suspended magistrates. Some delays arose because presiding officers retired or evidence leaders were unavailable.
But MPs maintained that disciplinary cases stretching back to 2018 and 2020 were unacceptable.
The issue has continued to trouble Parliament. In June this year, MPs were told that challenges contributing to delays included litigation, recusal applications and difficulties appointing presiding officers.
Parliament loses patience
The frustration boiled over again this week when the justice committee received another briefing from the commission.
Committee chairperson Xola Nqola said MPs were concerned about what he described as “Stalingrad tactics” contributing to delays in some disciplinary matters.
“The commission must ensure that these matters are fast-tracked so that magistrates are held accountable,” Nqola said.
“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.”
Magistrates walking away
The concern extends beyond Nzimande.
Parliament was told that former regional magistrate K Bodlani resigned while disciplinary proceedings against her remained outstanding.
The allegations against her included misconduct relating to racially charged communications and judicial conduct.
MPs were told that the law currently allows magistrates to resign at any time, leaving Parliament concerned about what happens when a judicial officer facing serious allegations leaves before proceedings are concluded.
“We are concerned about the fact that some magistrates resign before matters are finalised, thereby getting off scot-free,” Nqola said.
“We are sitting with so many resignations after protracted processes and legal costs.”
Other cases placed before the committee included Chief Magistrate Desmond Nair, who faces allegations relating to benefits worth approximately R200 000 allegedly received from Bosasa in 2016.
Regional Magistrate LT Mkansi and Additional Magistrate R Govender have, meanwhile, been found guilty of misconduct, with the commission recommending their removal from office.
The committee said accountability within the magistracy remained fundamental to public confidence in the administration of justice.
It now wants the financial consequences put on paper.
For Nzimande, the demand comes at an extraordinary milestone: eight years after his suspension and 14 years after some of the alleged misconduct began, his disciplinary case remains unfinished.
- KwaZulu-Natal magistrate Eric Sibusiso Nzimande has been suspended since September 2018 and faces 162 misconduct charges related to conduct between 2012 and 2016.
- Nzimande has received more than R8.1-million in salary while suspended, and his disciplinary hearing is still ongoing, scheduled to continue in October 2025.
- Parliament's Portfolio Committee on Justice and Constitutional Development has requested a report on the financial cost of prolonged suspensions of magistrates amid concerns over delays.
- Six magistrates suspended between 2018 and 2024 have collectively cost taxpayers more than R31.3-million in remuneration during their suspensions.
- MPs are frustrated with delays in disciplinary proceedings caused by factors such as litigation, recusal applications, and challenges in appointing presiding officers, urging faster accountability measures.
