Provisional suspension of magistrate endorsed

JUSTICE Minister Jeff Radebe has endorsed the provisional suspension of a Kimberley magistrate who blew the whistle on alleged corruption in Northern Cape.

The Times reported recently that at least two other magistrates were only suspended over nine months after being charged with corruption and attempted murder.

But in this case the Magistrate's Commission provisionally suspended magistrate Phumelele Hole before they'd even finished investigating his alleged misconduct, which mainly involves insulting Northern Cape regional court president Khandilizwe Nqadala.

According to a report tabled in Parliament by Radebe, Hole was provisionally suspended after Nqadala laid various complaints against him.

Radebe's report does not mention that Hole filed his own complaint against Nqadala with the Magistrates Commission more than one year ago. In it he claimed that Nqadala allegedly asked high-ranking police officers to protect ANC Northern Cape leader and MEC for finance, economic affairs and tourism John Block.

Noseweek magazine reported last year that after Hole laid his complaint he received a "visit" from crime intelligence officers, who reportedly said they could prove that Hole's car was used in a crime. Hole felt that he was being set up and that his life was in danger.

According to Noseweek Nqadala then e-mailed Hole stating: "You contacted your colleagues from intelligence who happened to be your former MK colleagues ... your intelligence sources informed you that I was using devious methods to destroy persons that I considered a threat to me ... please confirm the above".

But Radebe's report does not mention any of this and instead says Hole was suspended after he "caused Nqadala to be ridiculed in public" and brought the judiciary into disrepute.

Magistrate's Commission secretary Danie Schoeman said Hole's complaints against Nqadala were still being investigated, but he could not explain why Hole had been suspended even before the investigation had been completed.

Radebe's spokesman, Tlali Tlali, denied Hole was being politically persecuted. He said the decision to provisionally suspend Hole "was based on the circumstances of that case".