MPs call for magistrate’s R1m salary to be withheld after she stopped going to work in 2019

Parliament has heard how some magistrates have absconded work while continuing to earn their salaries for years.

On Wednesday, the Magistrates Commission presented updates to the National Council of Provinces’ (NCOP) Select Committee on Security and Justice.

Magistrates Commission

During the meeting, Secretary of the Magistrates Commission, Maristhane Justice Finger, reported on the status of cases involving Secunda District Court Magistrate T.K. Kekana, Kimberly Magistrate’s Court Natasha Naude and Booysens Magistrate’s Court E.S.S. Fredericks.

Magistrate Kekana

Kekana was charged with misconduct over several allegations, including failure to submit daily and monthly statistics, non-compliance with official working hours, and inappropriate meetings with litigants both at court and their business premises.

She was also accused of attempting to mediate disputes and removing cases from the court roll without proper inquiry.

Finger informed the committee that Kekana was served a letter of provisional suspension on 27 June 2024, after failing to submit representations as to why she should not be removed.

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Her formal suspension was implemented in March 2025.

A disciplinary inquiry initially scheduled for February was postponed due to the presiding officer’s hospitalisation.

The hearing was again delayed in June, after Kekana indicated she needed legal representation.

“The matter will only proceed in August,” Finger said.

Magistrate Naude

Regarding Magistrate Naude, Finger explained that she had been on sick leave since March 2022 – just six months into her appointment.

“She began not coming to work, reasons being that she is suffering from stress related to separation from her children, who are in Cape Town, where she’s from,” Finger told the committee.

According to the commission, Naude has exhausted her sick and vacation leave.

The magistrate submitted medical report detailing her diagnosis with major depressive disorder, which she attributed to personal circumstances in Kimberly and not her ability to perform her duties.

She also requested for a transfer to the Western Cape.

“The commission, having considered of these medical reports, came to the conclusion that she is incapacitated due to ill-health,” Finger said on Wednesday.

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Naude was informed of the commission’s decision in November 2023 but did not respond, even after an extension was granted.

She also applied for vacancies in various courts in Paarl and Cape Town, but was not shortlisted.

Finger revealed that the policy allowing transfers had been replaced with a system requiring magistrates to apply for officially advertised posts in order to be considered for a transfer.

He explained that the policy was removed due to the high number of transfer requests, many of which came from magistrates who had been informed in advance about the locations of their appointments.

“This up and down movement places an administrative burden on the commission,” he said.

Finger informed MPs that Naude did not include a motivation letter in her transfer application and was, therefore, not shortlisted for the vacancy she applied for.

“It’s required that there has to be a motivation for a transfer.”

Magistrate Fredericks

Fredericks has been absent from her post since November 2019 and is still receiving her full salary.

Finger said the commission was informed about this during a leave management meeting with the Department of Justice and Constitutional Development in April 2024.

The commission’s ethics committee advised that Fredericks be suspended and that her salary be withheld because she had been absent from work without permission.

Finger indicated that in August 2024, the commission received an affidavit and photos suggesting Fredericks might be suffering from a mental illness.

However, she unexpectedly visited the office of the chief magistrate in May this year to enquire about letters regarding her suspension and salary.

“From the observation of the officials, she appeared very well and still remembered the documents that were served on her.”

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As a result, the commission resolved in June to proceed with her disciplinary hearing and recommended to the minister of justice that Fredericks be provisionally suspended with her remuneration withheld.

“It is not correct that she continues to receive her salary, which we do not know what even happens to that salary if the report is that she may not be well,” Finger told MPs.

He emphasised that the commission had no other alternative.

“Her abscondment is detrimental to the smooth running of the court.”

MPs deliberate on suspending magistrates’ salaries

ANC MP Phiroane Phala remarked on the seriousness of the allegations against Kekana.

“She’s not acting in line with the oath of office,” Phala said.

DA MP Mzamo Billy suggested that Kekana’s salary should also be suspended if her disciplinary process is delayed.

“The minister and the commission should be able to ensure we are not paying for someone who is sitting at home for months or years,” Billy said.

However, EFF MP Virgill Gericke warned against premature decisions.

“I am directly opposed to taking people’s money away while the matter is still pending. There must be fairness in the entire proceedings,” Gericke said.

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DA MP Nicholas Gotsell expressed concern over Naude’s case, saying the magistrate was aware she would be required to relocate to another province.

“I think it would set an incredibly bad precedent if people were to be accommodated to alternative positions if they didn’t accept a first position in good faith,” he said.

However, Gericke argued that Naude’s medical condition should be a mitigating factor.

Billy cautioned that due processes be followed.

“We don’t want to be caught offside at some point.”

Finger maintained that the commission had complied with all necessary procedures and based its recommendation to declare Naude incapacitated on the information at its disposal.

He reiterated that she has not returned to work.

Blendynn Williams, Head of the Office of the Deputy Minister of Justice, confirmed that Naude’s case meets the threshold for removal.

Following the discussions, MPs endorsed the commission’s recommendations.

The committee also supported suspending Fredericks’ salary.

According to a government gazette published on 18 October 2024, magistrates in South Africa earn salaries ranging from R1.16 million to R1.69 million per annum.