Senior magistrate Theresa Swart giving evidence at the disciplinary hearing of Eric Nzimande, KZN’s Regional Court president, who is with his attorney, Ravindra Maniklall. | Mervyn Naidoo
Durban — Numerous cash withdrawals from on-site ATMs at the Suncoast Casino between 2003 and 2015 confirmed that Eric Nzimande suspended Regional Court President of KwaZulu-Natal, allegedly had a “gambling problem” and absconded from work to feed his habit.
That was the submission made by Theresa Swart, a senior magistrate with the Magistrate’s Commission, during Nzimande’s disciplinary hearing that continued in Durban this week.
The commission appointed Swart to investigate misconduct allegations against Nzimande, which yielded more than 160 charges. They largely relate to various allegations that Nzimande used his position and influence to appoint individuals to acting magistrates positions in KZN regional courts and favoured and overlooked their indiscretions.
The commission believes Nzimande got them to make deposits into his bank account or pay in cash, for his favours. Swart testified for much of the hearing at the Point Road Branch Court this week.
Advocate Sipokazi Poswa-Lerotholi SC, the commission’s lead prosecutor, asked Swart for her response to the statement by Nzimande’s attorney, Ravindra Maniklal, that it wasn’t his client who used the Suncoast loyalty card on numerous occasions during working hours.
“If he (Nzimande) says he didn’t have a gambling problem and didn’t visit the casino, all his bank statements on file show numerous instances of cash being drawn at the casino’s ATMs.
“The withdrawals show a pattern of him having a gambling problem.”
Swart said it was “highly unlikely” that someone else used his card at the casino because of the limits it had.
She said his visits to the casino were probed because Lindelwa Gumede, the former acting regional magistrate, claimed he had a gambling addiction.
It was the list of impropriety allegations that Gumede detailed in an affidavit that triggered the probe into Nzimande’s affairs.
Gumede also claimed that he victimised and sexually harassed her and made her feel compelled to make repayments to him as his influence secured her an acting magistrate role.
Swart said the charge sheet was drafted after the evidence was scrutinised by respected and high-ranking judicial officers aligned to the commission.
She said a person of Nzimande’s standing should not be receiving money in his bank account other than his salary.
“It was strange to me when I saw all the deposits reflected on his bank statements.”
Swart said she was also taken aback when she interviewed Gumede, as the submissions indicated a “corruptor and corruptee” relationship. “I didn't expect to interview a magistrate who said, ‘yes, Mrs Swart, I did pay R10000 for my job’.
“A magistrate’s integrity is absolute.”
Maniklall said previously that payments into Nzimande’s account were personal loans and stokvels.
He said for years his client was not informed about Gumede withdrawing her written complaints against him, nor was the SAPS, the Parliament and other informed accordingly.
Swart said always ensured that she disclosed all the information she gathered to he Commission
“I am a magistrate who took an oath of office. I would not in my life hide any affidavit on any matter.
“I have been doing Investigations for many years. You don't get a cent extra. In fact you pay out of your pocket.”
The week’s proceedings ended with Maniklall beginning his cross-examination of Swart and the hearing was adjourned to April.
Sunday Tribune