According to review judges, Umlazi magistrate Kholeka Bodlani has been handing down inappropriate sentences in rape cases since 2013, but she’s still on the bench. Chris Barron asked advocate Cassim Moosa, spokesperson for the Magistrates Commission …
Why isn’t the review system working?
What do you mean?
Haven’t 18 of her cases been sent on review to the high court?
Yes. And I think in addition to the 18 we’ve been informed that there are a few others as well.
Starting with a case in 2013?
Yes.
Involving the rape of a seven-year-old girl?
Yes.
Didn’t two judges find that her rulings in that and three other child-rape cases were “shockingly inappropriate”?
Yes.
Why is she still on the bench?
The commission has to proceed with an inquiry into whether the magistrate is fit to hold office.
Have you made any progress?
We’ve received evidence that there are allegations of a serious nature made against Ms Bodlani.
Why is it taking so long?
The allegations have now been brought to the attention of the Magistrates Commission. On January 28 2020 a letter was served upon Ms Bodlani.
Shouldn’t the allegations have been brought to your attention a lot earlier?
They should have been. That’s something perhaps I’ll have to investigate as to why they were not.
How closely do you monitor the performance of magistrates?
Magistrates on probation have a mentor who oversees them …
Does the process need to be speeded up?
If someone wants to short-circuit the process then the Magistrates Act would have to be looked at, regulations would have to be revisited. The magistrate must be given an opportunity to show cause as to why she should not be suspended …
Why is it taking so long?
The commission is acting in terms of what it is required to do.
How can more than 18 cases be sent on review over seven years and nothing decisive is done?
I hear you.
Have you investigated any of these cases?
The process is under way.
An investigation?
The reviewing judges have pronounced on the matter. We now have to decide, is this presiding officer fit to hold office? This is what the investigation is going to be. The commission will table a report to the minister, who will table a report to parliament, and parliament will pronounce thereon.
Why does it take so long to take a decision and request the minister to implement it?
Because these are the processes that have been set out in terms of the act and regulations.
Is this why rape has reached such epidemic proportions?
If you have credence to the Minimum Sentence Act you will realise that the minimum sentence for rape is life imprisonment.
Is the selection process for magistrates strict enough?
One realises over a period of time that perhaps there may be certain shortcomings.
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