Former Kimberley magistrate calls for probe into alleged interference in judiciary

FORMER Kimberley Regional Court magistrate Pumelele Hole has requested that Parliament investigate allegations of undue influence and intimidation in the Northern Cape judiciary, against the backdrop of the Madlanga Commission, which is probing allegations of criminality, corruption and political interference in the criminal justice system.

Hole stated that during his time as a Kimberley magistrate, he was subjected to compulsory tea gatherings with a high-ranking official in the regional court.

“I was instructed to implement unlawful instructions against my good judgment. Great disappointment was expressed in my behaviour if I disobeyed. I was insulted, and a microphone was thrown at me when I recused myself from a case. Anyone who failed to carry out his instructions faced consequences, including being charged and dismissed,” he stated.

Hole said that in 2010, he was approached by three men claiming to be from Crime Intelligence, who informed him that his vehicle had been used as a getaway car in several robberies in the Northern Cape.

“I was wrongly implicated in a plot where I was accused of selling jobs at the Kimberley Magistrate’s Court in Galeshewe for R500, where no jobs materialised and no money was returned. I was beyond shocked and immediately formed the opinion that a wicked plot was under way. I was falsely incriminated in criminal activities.”

He said he was ostracised and accused of betrayal, while his colleagues avoided contact with him for fear of victimisation.

“The official informed me that ‘I run this province’ and that without his influence I would never have been appointed as a regional court magistrate.”

He added that his office was broken into in broad daylight while he was on the bench.

“My work laptop and two cellphones were stolen, coincidentally while the surveillance cameras were out of order. Nothing came of the investigation into the stolen items.”

Hole requested a transfer in March 2010 as his work situation had become intolerable.

“Despite reporting his conduct and abuse of judicial office to the Magistrates’ Commission, I received no assistance while the persecution intensified.

“Almost daily, I e-mailed the Magistrates’ Commission with details of malicious, vexatious and abusive conduct visited upon me. I was on my own and was expected to dispense justice under those circumstances.”

He added that a commission was appointed to investigate the allegations after the official was charged with misconduct, where favours were allegedly “dished out” from the bench to former ANC Northern Cape provincial chairperson John Block.

“The Magistrates’ Commission considered the damning report by the investigators and made recommendations for the official to be charged. However, he was absolved of any wrongdoing by the Ethics Committee. Indeed, this was a shameful and scandalous cover-up.”

Hole believed he became the target of a witch-hunt and was charged with misconduct on what he described as a “litany of trumped-up charges” before being suspended.

‘Devoured by wolves’

He stated that the doors were shut in his face — including by the Portfolio Committee on Justice and Constitutional Development, the Select Committee on Security, and former Chief Justice Mogoeng Mogoeng, all of whom were briefed on his matter.

“There was not even an acknowledgement of receipt of my e-mails. The state that I swore to serve turned against me and betrayed me and my children. All the honourable people looked the other way as I was being devoured by the wolves.”

Hole said he was subjected to a “sham hearing” and had his salary withheld, leaving him destitute and unable to pay for private legal representation or support his family.

He appealed to members of the portfolio committee in the justice cluster to intervene, in light of recent revelations by General Nhlanhla Mkhwanazi.

“The recent reports ascribed to the portfolio committee in relation to giving General Mkhwanazi a hearing gave me hope. 

“All my life, I believed in the values of integrity and justice. If I was such a bad magistrate, it would not have been necessary for the Magistrates’ Commission to lie to everyone in order to get rid of me. The truth would certainly have sufficed to get rid of a bad magistrate. 

“I have begged every foundation I could think of, but none were able to assist me. I sought the intervention of Parliament, especially the portfolio committee, in order to state my side of the story. I was unfortunately denied that opportunity even when my career and reputation were at risk.”

Portfolio committee can't restart the process

The chairperson of the Portfolio Committee on Justice and Constitutional Development, Xola Nqola, confirmed that the committee had received the enquiry from Hole.

He indicated that a magistrate could only be suspended or removed upon recommendation of the Magistrates’ Commission and with the approval of the Minister of Justice and Constitutional Development.

Nqola said the committee ensured that the disciplinary and legal procedures followed by the Magistrates’ Commission and the minister were sound before recommending that the National Assembly and National Council of Provinces pass the final resolution to confirm the removal.

“The committee does not have the powers to re-open a disciplinary enquiry, restart the process that the Magistrates’ Commission already finalised, or engage with any of the impacted magistrates to hear further representations. As indicated, its mandate is to ensure that all processes are followed before a recommendation is made regarding a matter before it.”

He added that if any party believed the process was unfair, they were free to approach the relevant bodies currently involved with investigating allegations against the judiciary.

The Magistrates’ Commission did not respond to media enquiries.