‘Stalingrad tactics’: Justice committee warns magistrates quit before found guilty

South Africa's justice committee has raised concerns about "Stalingrad tactics" that are delaying disciplinary processes for magistrates, allowing them to resign before being found guilty and leaving the state to bear financial and administrative costs. Xola Nqola, chairperson of the portfolio committee on justice and constitutional development, stated that the committee is troubled by the number of resignations occurring during lengthy disciplinary processes.

The committee examined disciplinary proceedings involving several magistrates, including Kholeka Bodlani, Desmond Nair, Leavit Mkansi, Renie Govender, Ashin Singh, and Eric Sibusiso Nzimande. Bodlani resigned while disciplinary proceedings against her were ongoing following accusations of racially charged communication and improper judicial conduct.

Nair faces allegations of receiving approximately R200,000 in benefits from Bosasa in 2016; the hearing is set to conclude on 5 October 2026. Mkansi was found guilty of misconduct due to extensive contact with an accused person in a fraud case and recommendations for his removal have been made. Govender was also found guilty of misconduct, and the commission advised her removal from office.

Nzimande faces 162 counts of misconduct, including improper payments and sexual harassment, and his case will continue from 19 to 30 October 2026. The committee emphasized the need to resolve disciplinary matters promptly without sacrificing procedural fairness and urged the Magistrates Commission to ensure that disciplinary processes do not become prolonged "Stalingrad tactics," where magistrates resign before being found guilty, leaving the state to bear the costs of unresolved accountability.