More than four years after being suspended, the magistrate who doled out “outrageously lenient” sentences to child rapists continues to rake in her R1.4m annual package while the Magistrate’s Commission hearing allegations of misconduct and incompetence proceeds at a snail’s pace.
Kholeka Bodlani presided in the sex offences court in Umlazi from 2013 until several sentences she imposed in child rape matters were flagged as completely out of step with the law.
In review proceedings, high court judges referred the rulings back to different magistrates for sentencing to begin afresh. In many, wholly suspended sentences were converted to life imprisonment.
She was finally suspended, on full pay in July 2020 following a report to parliament by then justice minister Ronald Lamola, who said at the time Bodlani had “tarnished the good name, dignity and esteem” of the magistrate’s office, and that her conduct was “embarrassing and tarnished the image of the judiciary at large”.
Bodlani, it was reported, had opposed her suspension, saying the action was “nothing but a ghost hunt”.
A regional court magistrate earns a package of R1.4m a year, meaning she has earned about R6m while suspended.
In the meantime, a disciplinary inquiry was first set down for hearing in March but did not proceed because her lawyer was not available. Bodlani pleaded not guilty to the charges and only one witness was called in September.
In October, the hearing stalled again after Bodlani successfully sought the recusal of the chairperson. Although not named by the commission, sources said the chair was Limpopo regional court president Jakkie Wessels. The complaint against Wessels was that they had previously done training together. Bodlani claimed Wessels was conflicted and threatened to make an application to the high court if she continued to preside.
In response to questions, commission secretary Justice Finger confirmed that in October the presiding officer recused herself. “We are replacing her and the matter will be set down for early next year,” he said.
Sunday Times has had sight of the charge sheet in the matter.
Count six refers to six matters in which Bodlani’s lenient sentences were overturned by the high court on review after findings that they were “shockingly inappropriate”, had the potential to undermine the administration of justice, to cause an outcry, and were incorrect and outrageous.
In one of the matters, Bodlani had sentenced a father who raped his 11-year-old daughter to five years imprisonment, wholly suspended, because Bodlani had shown “mercy to a loving and caring father”, she said.
In fresh sentencing proceedings, as ordered by the high court, the father was sentenced to life imprisonment.
Other charges relate to alleged misconduct after Bodlani was removed from the specialised court when those sentences came to the attention of management in the province.
Comments directed at her bosses were said to be racist and derogatory.
I want to send my own cases for review and not someone else
In one email message, sent to 75 people, she claimed she had been “forced out of office” because she was black, to make way for a white person. In another email, she took umbrage at the fact that her work was being reviewed, and said she was being undermined, harassed, humiliated and degraded.
Bodlani is also being charged with insubordination for refusing to hand over her records and provide reasons to a special review. Instead, it is alleged she sent a message to the Magistrate’s Commission stating, “I want to send my own cases for review and not someone else”, and challenged the authority of the acting regional court president.
Another charge relates to her postponing a “priority matter” because she said she was not “emotionally stable enough” to proceed with the case.
Bodlani is also named in one of 162 misconduct charges facing suspended regional court president Eric Nzimande in another matter which is dragging on. Evidence during that hearing indicated that Nzimande had failed to manage her properly while he was aware of the allegations against her.
Bodlani, it is alleged, had also paid Nzimande R3,000 while she was an acting magistrate — and in spite of concerns over her competence, he recommended her for permanent appointment.
Nzimande has denied all the charges against him, claiming payments made by Bodlani and others were loans or stokvel payments.
Judge’s Matter legal researcher Mbezekeli Benjamin said the long periods taken to finalise misconduct cases were worrying, and called for the commission to take a firmer stance to deter misconduct. “In its recent report to parliament, it was clear there were serious delays in several cases of serious misconduct — including allegations of corruption and bribery, sexual harassment and gross incompetence — endangering the public. The common feature in all these cases is that they’ve been running for several years, and were plagued by delays.”
Attempts to contact Bodlani for comment were unsuccessful.
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