Desmond Nair seeks dismissal of corruption charges, citing trial delays
Suspended Chief Magistrate Desmond Nair will launch an application for charges to be dropped as he will argue there is an unreasonable delay in getting his corruption trial underway
Image: File
Suspended Pretoria Chief Magistrate Desmond Nair will on August 4 launch an application before the Pretoria Specialised Commercial Crimes Court for the case to be dropped against him, as he will argue that there has been an unreasonable delay in the start of his trial.
Nair, who has been facing corruption charges since 2022, once again appeared in court this week, but his case could not resume as the magistrate was unavailable. The trial is still due to get off the ground, following numerous postponements in the matter.
Nair is facing corruption charges for allegedly receiving kickbacks worth R200,000 in security upgrades to his property from Bosasa.
The court last year turned down an application by him to have charges withdrawn. The application was launched following arguments by his lawyer that there was not sufficient evidence against him to conduct the criminal trial.
It is alleged in the charge sheet that in September 2016, Nair, being a judicial officer at the time, accepted an offer from African Global Operations/Global Technology Systems (formerly known as Bosasa) to have an electric fence, an alarm system, perimeter beams, and a CCTV system installed at his home. It is alleged that he was granted the upgrades for his influence to act in a dishonest or improper manner.
Video Player is loading.
Play Video
Play
Unmute
Current Time
0:00
/
Duration
-:-
Loaded :
0%
Stream Type LIVE
Seek to live, currently behind live
LIVE
Remaining Time
-
0:00
This is a modal window.
Beginning of dialog window. Escape will cancel and close the window.
Text Color White Black Red Green Blue Yellow Magenta Cyan
Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan
Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan
Transparency Transparent Semi-Transparent Opaque
Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps
Reset
restore all settings to the default values Done
Close Modal Dialog
End of dialog window.
Advertisement
Next
Stay
Close ✕
Ad Loading
Nair, who was suspended as a magistrate in 2020, earlier denied benefiting from Bosasa-sponsored security upgrades to his home. He earlier appeared before the Zondo commission after he was allegedly implicated in evidence provided in January 2019.
Former Bosasa IT specialist Richard le Roux claimed at the time that he had been instructed by former Bosasa COO Angelo Agrizzi to oversee security installations at Nair's Pretoria home. Le Roux said the installations cost R250,000 and included an electric fence, camera system, and alarm beams.
Nair, at the time, faced questions regarding security installations. He admitted to receiving security upgrades but disputed Bosasa and Le Roux's involvement and the cost of the project.
He claimed that he had an oral agreement with a man identified only as Mr Bejoo to install a basic camera system and repair the existing electric fence, alarm system, and beams for a maximum agreed price of R50,000.
Nair, who was previously also appointed as an acting judge in the Gauteng High Court, Pretoria, is out on warning.
zelda.venter@inl.co.za
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
TimesLIVE
3 hours ago
- TimesLIVE
Daughter sentenced to life after pleading guilty to murder of her father
The Polokwane High Court has sentenced Mologadi Magdeline Mehlape to life imprisonment after she pleaded guilty to the brutal murder of her father, Dr Malekutu Johannes Mehlape, in 2023. Dr Mehlape was circuit manager at the Limpopo education department Mehlape, 28, was convicted of murder and robbery with aggravating circumstances. In addition to life imprisonment for murder, she was sentenced to 15 years for robbery. The sentences were ordered to run concurrently, National Prosecuting Authority spokesperson Mashudu Malabi-Dzhangi said on Wednesday. The trial of four other accused — Tshepo Gabriel Ranoto, 34, Hlologelo Klaas Mogotlane, 34, Mahlodi Melida Mathole, 34, and Michael Sello Molongoane, 42 — was separated from that of Mehlape on Wednesday. They face charges of conspiracy to commit murder, murder, robbery with aggravating circumstances and possession of an unlicensed firearm and ammunition. Their trial was postponed until June 20. 'The court heard that Mehlape, who is the daughter of the deceased, orchestrated the murder following claims made by a traditional healer, Mogotlane, who alleged that her father was responsible for her mother's death through the use of 'muti'. 'When attempts to retaliate using traditional means failed, Mehlape enlisted the help of various family members to hire a contract killer, agreeing to pay R200,000 for the murder.' On the night of the incident at her father's home in Mankweng Zone 1, outside Polokwane, on December 28 2023, the accused unlocked the gate and main door, granting the perpetrators access to the house. 'The deceased was ambushed in his bedroom while asleep, shot multiple times, and robbed of several valuables, including his cellphone.' In mitigation of sentence, Mehlape apologised to her family and said she was the primary caregiver of her21-month old daughter and had unresolved disputes with her father. However, state advocate Muneiwa Ratshibvumo argued that the guilty plea was motivated by overwhelming evidence rather than genuine remorse. She described the murder as 'gruesome and heartless,' urging the court to impose the prescribed minimum sentence. 'The NPA welcomes the conviction and life sentence, viewing it as a clear affirmation of the justice system's resolve to hold perpetrators of serious and violent crimes accountable.'
The South African
5 hours ago
- The South African
North West pastor sentenced to 15 years in jail for armed robbery
A local pastor, Petrus Phuthego Gasengake, was sentenced to 15 years in prison after being convicted of a violent robbery at the home of a female congregant in Ramosadi Village near Mmabatho in the North West. The Molopo Regional Court handed down the sentence after Gasengake, 48, was found guilty of robbery with aggravating circumstances. According to an NPA media statement, the incident took place on 4 April 2021, when Gasengake visited the home of a woman from his church. Upon arriving, he ignored two other people in the house and headed straight for the victim's bedroom. An argument soon escalated, during which Gasengake attacked the woman, choking her and threatening her with a knife. He stole R4,000 in cash, her bank cards, and the keys to her car. He then fled the scene using the stolen vehicle. After the robbery, Gasengake drove to his home in Lichtenburg, where he stabbed his wife without any provocation. He then fled the area, prompting police to open cases of robbery and attempted murder. Two days later, on 6 April Gasengake was arresteed in Vryburg after the stolen vehicle was traced. The victim positively identified him during a police lineup. Gasengake was also previously convicted in November 2022 for the attempted murder of his wife, for which he received a 10-year sentence. This latest robbery conviction adds to his growing list of criminal offenses. Let us know by leaving a comment below, or send a WhatsApp to 060 011 021 1. Subscribe to The South African website's newsletters and follow us on WhatsApp, Facebook, X and Bluesky for the latest news.
IOL News
8 hours ago
- IOL News
Pastor who robbed and choked female congregant sentenced to 15 years
A North West pastor has been sentenced to an effective 15 years in jail for robbery with aggravating circumstances. Petrus Phuthego Gasengake was sentenced in the Molopo Regional Court on Tuesday. According to the National Prosecuting Authority (NPA), Gasengake, a pastor at a local church, was convicted in connection with a violent incident that took place on April 4, 2021, at the home of a female congregant in Ramosadi Village near Mmabatho in the North West. NPA regional spokesperson, Sivenathi Gunya, said Gasengake entered the complainant's home, bypassed two individuals present, and proceeded to her bedroom. "An argument broke out during which he choked the complainant and threatened her with a knife," said Gunya. He then stole R4,000 in cash, bank cards, and car keys before fleeing the scene in the victim's vehicle. Following the robbery, Gasengake drove to his home in Lichtenburg, where he stabbed his wife without provocation.
