KwaZulu-Natal regional court president Eric Nzimande, who was suspended on full pay five years ago, on Monday pleaded not guilty to 162 charges of misconduct at the start of what is expected to be a 10-day disciplinary hearing.
The inquiry, which is chaired by retired Supreme Court of Appeal judge Jeremiah Shongwe, is likely to see magistrates and lawyers — who are alleged to have paid Nzimande in return for acting regional court magistrate posts and permanent posts — testify against him.
He is also accused of sexually harassing an acting magistrate, making advances at her, claiming she owed him for giving her a job and sending her a cellphone picture of his genitals.
He is also accused of gambling at a casino during working hours.
The hearing, at the Point Community Court, was opened to media after submissions to the Magistrate’s Commission. Nzimande’s attorney Ravindra Maniklall did not object to the presence of reporters.
The inquiry began with evidence leaders advocates Lisle Mboweni and Keatlaretse Magano alternately reading out the lengthy charge sheet that Maniklall later said had “ballooned” from 50 charges in 2018.
Nzimande is accused of bringing the judiciary into disrepute by taking money in exchange for jobs in his role as the “head of office” in KwaZulu-Natal. He made appointment recommendations to the minister of justice.
These payments may have unduly influenced him or created the impression of such, it is alleged.
Some charges are linked to criminal charges he also faces and for which he will appear in the Durban high court in May.
That indictment alleges Thinake Lendwelwa Gumede, Fikile Gladys Luvuno, Zwelokonke Welcome Ngwenya, Yugen Naidoo and Kisoon Ramasir were among those who deposited money into his bank account before, during or shortly after their appointments.
Gumede allegedly made cash payments amounting to R140,000 into his personal account during her prolonged period as an acting regional court magistrate.
Luvuno, who received a permanent appointment, resigned. But Nzimande soon recommended her for an acting position in Vryheid. Luvuno allegedly paid Nzimande R10,300.
Ngwenya, it is alleged, paid him R30,000, Naidoo just more than R11,000 and Ramasir R33,500.
The alleged payments were all made between 2012 and 2015.
At the disciplinary hearing Nzimande is also accused of receiving 50 payments amounting to R66,550 from a B Khati, who, between January 2012 and October 2016, was a clerk of the court and later a regional court prosecutor.
Other charges of misconduct relate to money and a loan allegedly given to him by well-known Durban attorney Bob Bahadur, while more charges relate to his “association” through repeated telephone calls with an accused in a human trafficking matter who was appearing before a magistrate “under his control”. One of the dozens of calls lasted 401 minutes.
Two further charges relate to his failure to monitor and manage Umlazi regional court magistrate Kholeka Bodlani, who was, it has now been widely reported, handing out suspended sentences to child rapists. It is alleged he was informed in writing about these irregularities but did nothing.
Regarding the sexual harassment claim, it is alleged he victimised the woman. He made “subtle sexual advances” asking her to sit on his lap, claiming he was personally responsible for her getting the acting post, pressuring her to get into a sexual relationship with him, telling her about his other sexual partners, that other magistrates were willing to engage in sexual favours in return for employment perks and sending her a picture of his genitals.
The gambling allegations relate to times when his membership card at Tsogo Sun Casino was used during working hours.
On Tuesday, Nzimande is expected to submit a detailed plea explanation before the first witness is called.
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