Reports that senior regional magistrate Ronnie Rambau, currently facing charges of corruption, had had his salary suspended by parliament, were this week refuted by the Magistrates’ Commission.

The Zoutpansberger received confirmation from the commission’s secretary, Mr Danie Schoeman, that Rambau is currently still on suspension receiving his full salary and benefits. Schoeman was contacted after the newspaper was informed by a reader of an apparent parliamentary decision on 31 October that Rambau’s salary be suspended.

Rambau, together with his co-accused attorney T E Lubisi and ex-state prosecutor Estene Willemse, are facing corruption charges in the Musina Magistrates’ Court for allegedly trying to influence the outcome of court cases.

The reader quoted a national newspaper article that appeared on 1 November that reported on the sitting of the parliament’s justice committee. According to this article, the justice committee decided to have Rambau’s salary and all other benefits suspended pending the finalisation of his corruption trial.

Schoeman denied these claims.

“The possible withholding of his [Rambau’s] salary is an issue currently under consideration by the Magistrates’ [commission] but no final decision was taken in this regard yet,” said Schoeman. 

The Zoutpansberger was able to obtain copies of the justice committee’s minutes held during their report sessions with the Magistrates’ Commission. The minutes were made available by the Parliamentary Monitoring Group.

In terms of the Magistrates Act, the commission must submit a progress report to the justice committee every three months following the provisional suspension of a magistrate.

What became clear from these minutes was that the committee was “extremely displeased” by the fact that magistrates charged with crimes are sometimes only suspended much later.

The commission said that this could be due to the fact that magistrates pick up a few tricks, in regard to delaying tactics, from the accused that appear before them in court.

Rambau’s case was cited as an example. He was arrested on charges of corruption in February 2010, but was only provisionally suspended nine months later.

According to a justice committee report, dated 24 February 2011, Rambau informed the Magistrates’ Commission that “since the case [against him] was not finalised, it would be unfair to penalize him.”

In their latest report back to the parliamentary committee on 31 October this year, the commission said that they have since November 2011 been trying, unsuccessfully, to set a new date for Rambau’s misconduct trial. Due to the fact that the matter has been dragging on for so long, the justice committee suggested that Rambau’s salary be withheld and to let him challenge this decision.

Mr Hans Meijer, from the Magistrates’ Commission, informed the committee that all the correct procedures and fair administrative actions had to be followed before Rambau’s salary could be suspended. He gave an undertaking to have the Magistrates’ Commission’s Ethics Committee revisit their decision regarding whether Rambau should receive his salary or not.

In the meantime, Schoeman confirmed that a new date for Rambau’s misconduct trial is being negotiated with his attorney. It is, however, at this stage not clear who Rambau’s attorney of record is, since his previous advocate withdrew from the case due to alleged non-payment for his services.