3 days ago
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The court last year turned down an application by him to have charges withdrawn.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.
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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.
