A KZN regional court acting magistrate, who was suspended for setting free a man accused of raping a teenage girl, could be back at work.
The Magistrates Commission recommended that Kholeka Bodlani’s suspension be lifted in terms of Section 3(3)(g)(i) of the Magistrates Act, 1993 pending the conclusion of the inquiry into her fitness to hold office.
Bodlani presided over the sexual offences court in Umlazi Regional Court.
In a letter sent to National Assembly Speaker, Nosiviwe Mapisa-Nqakula, Justice and Correctional Services minister Ronald Lamola said: “I support the recommendation of the Magistrates Commission.”
Bodlani was suspended after a judicial quality assurance assessment of her work revealed serious irregularities and shortcomings resulting in a number of cases being sent on special review as several incompetent sentences were imposed by her.
The reviewing judges raised serious questions as to her suitability for judicial office.
She was also charged with writing and sending emails with racial remarks and allegations of racism against her colleagues and making derogatory or sexist remarks and displaying prejudicial conduct towards an accused.
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She was suspended on 21 July 2020, but she filed an appeal in the KZN High Court against her suspension.
The high court has not ruled on the appeal but ordered that Bodlani should be allowed to go back to work to finish a case she was presiding over before her suspension.
The order states, among other things, that she must urgently deal only with “the reconstruction of records of Emlazi Regional Court case, State vs Clement Mbuso Ndlovu” and she “must not conduct herself in a manner that compromises the integrity of the judiciary and bring the administration of justice into disrepute”.
The order further stated that she will not be assigned any other case.
According to media reports, Bodlani gave a man who raped a six-year-old girl a suspended sentence, saying the victim didn't show any signs of trauma.
She allegedly also set free a man accused of raping a teenage girl.
