Magistrate seeks help from Parliament after fallout

A MAGISTRATE who was suspended after a fallout with his boss has petitioned Parliament's justice portfolio committee to help him.

The magistrate's commission has been slow to suspend other magistrates even when they've been charged with corruption or murder.

But it provisionally suspended Kimberley magistrate Phumelele Hole even before it finished investigating a complaint against him, laid by Northern Cape regional court president Khandilizwe Nqadala.

Though Hole himself laid complaints against Nqadala earlier, Nqadala has not been suspended.

In a letter to Justice Minister Jeff Radebe from Hole's attorney, Thembikile Malusi, it was revealed that 18 months before his suspension, Hole had complained about Nqadala and asked the magistrates commission to transfer him.

Sources say the bad blood began when Hole refused to help Nqadala "persecute" provincial director of public prosecutions Ivy Thenga.

Thenga was reportedly unwilling to let Nqadala influence her decisions about who to prosecute. Nqadala later authorised a warrant for Thenga's arrest on an allegedly trumped up charge of failing to appear in a case.

Thenga was later sentenced and is now appealing her conviction.

"After Hole refused to support Nqadala and spoke out in Thenga's defence, Nqadala began persecuting Hole," the source said.

Sowetan is in possession of a letter sent last week by Hole to Parliament's justice portfolio committee, pleading for help.

Hole would only say: "I have served the people of Northern Cape with honour and integrity. I wish to continue to do so. I am confident that soon I will be allowed to serve my master, the Constitution of the Republic, once again."

Justice committee chair Luwellyn Landers could not be reached for comment.

Radebe's spokesperson Tlali Tlali said it would be "inappropriate" for him to comment on a matter currently before Parliament.

Tlali said the commission and the justice committee had already received representations in writing from Hole, and the commission had given Hole a "reasonable opportunity to be heard".

Nqadala did not respond to questions yesterday.

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