Karikan: Retirement won’t shield magistrate from accountability

Added: 2026-06-03

[00:00:00]has retired. Tony Yengeni presided over taxi boss Joe Ferrari Sibanyoni's initial court appearance in May. For more, we are now joined by Neelan Karikan, the president of the Judicial Officers Alliance of South Africa. Good evening, Neelan. Thank you for your time and for joining us this evening. So, in accordance to the Sowetan, the chief magistrate in Mpumalanga, who had struck the extortion case against Joe Sibanyoni Sibanyoni off the roll, um might not necessarily account for that decision.

[00:00:32]And they're basing this on the fact that on Friday, her office held a farewell party for her for her in terms of retiring. Does retirement equal a get-out-of-jail-free card?

[00:00:47]>> I don't ever think so.

[00:00:49]But, uh it's not as if uh the magistrate has done anything wrong in the first instance. Uh what's important to understand, you know, whether you resign, retire, and whatnot, um whatever we do, we still accountable as judicial officers. You must remember that.

[00:01:07]Remember, judges of the High Court are judges for life.

[00:01:11]It's the same thing for judicial officers of the lower court, because we're all judges and we want to be likened to the same cloth. So, whether you resign, retire, we're all accountable. Always remember that.

[00:01:25]>> So, you what essentially you're saying is that the Magistrates Commission would still be able to investigate and and hold a hearing against someone who's no longer in in that position.

[00:01:36]>> Uh I think you will agree it makes sense, because if we don't hold anyone accountable, rightfully or wrongfully so, then we we are losing the plot, isn't it, when it comes to accountability? Accountability, whether you're a prosecutor, magistrate, uh an attorney in private practice, and whatnot, we we all all need to be uh accountable. So, nobody can leave the system and say that now we're not accountable. It cannot It does not work like that. Uh I think you'll agree with that.

[00:02:12]>> Certainly. I I I just want to understand why then um a publication such as the Sowetan might possibly say that she might not have to account for for her decision.

[00:02:23]Would any other process um equate someone not being able to account?

[00:02:27]>> Remember the Remember something. The Sowetan is just like other newspaper.

[00:02:33]It They They They're not judicial uh accountability organizations. They're supposed to just do what they're supposed to do in terms of uh publication and and letting the public know what what's happening in the judicial space or uh the legal space, but they cannot dictate as to what might happen next.

[00:02:54]>> Mhm.

[00:02:54]>> So, the system has to function, and everyone's accountable.

[00:02:59]You know, you You You cannot resign, retire, and leave the system and think it's okay.

[00:03:07]Because if there's accountability to be had, I mean, really, it follows you It follows all of us to the grave if we have to.

[00:03:15]It is what it is.

[00:03:16]>> It certainly is what it is. So, in the instance, I mean, like you mentioned earlier, she has not been found guilty of anything at this point in time. But in the instance where she would then has been found to have acted improperly, what would then be some of the consequences that she possibly could face um especially close to retirement?

[00:03:36]>> just like with the Judicial Service uh Commission and the Magistrates Commission, you know, uh we have pensions, we have various things that we are accountable for. So, there's still accountability beyond what we do.

[00:03:52]You know, whether whether we go on leave, don't go on leave, and there's other issues that might be at play, but ultimately as judicial officers, remember, we are very much accountable, and we're an arm of state. Just like how you get the legislature, executive, and judiciary. We cannot run away from our accountability.

[00:04:15]So, if there's an issue that needs to be accounted for, because remember, there are other judicial officers still left in the system that needs to still play their role, and we don't want to leave the wrong example as we move forward, because other judicial officers cannot do the same thing.

[00:04:34]Whatever it might be. I'm not saying that our judicial officer has done the wrong thing. But, whatever it might happen, we cannot allow people and colleagues to just leave the system and think it's okay.

[00:04:46]It doesn't work like that.

[00:04:48]We're accountable.

[00:04:49]>> Certainly. How imperative is it, particularly at a time where we are as a country, for for there to be seen to be accountability, especially for for people such as magistrates and judges, when it comes to public interest and public trust? Um, the public losing their interest, or rather losing their trust for for some of those that would sit in these bodies. How important is it for for there to be seen accountability and justice for those involved?

[00:05:17]>> Let us be very clear. Let us be very clear.

[00:05:20]Irrelevant of which level of judicial officer you are, whether you're in the district court, regional court, or in the high court, we all are accountable equally. No one is above the law. And, as you know, whether you're a minister, whether you're the president of the country, it does not matter.

[00:05:40]Wrongdoing is wrongdoing, and we all are accountable. So, it's very important nobody can escape the rule of law, and we all are equal before the law. So So, I want the country to realize that as judicial officers and role players within the system, nobody is more more important or more equal than the next person. So, as we move forward, because a lot of things are happening, and and you can see the whole system, things are happening exponentially. So, as it rolls out, we need to make sure that we are positive, we care for our country, and our priority is rule of law and our constitution within the country.

[00:06:27]And I can tell you one thing, whatever as we roll this thing out, it's going to make sure that we are fully covered, and the court system is fully functional, the criminal justice system is operational, the prosecutors are fully functional, the judiciary is very strong, the police and law enforcement is strong, the the forensic people are very strong. So, I think we all need to work together and, you know, put our hands together and let's drive this process and and save our country.

[00:06:59]>> And certainly for these processes to be driven timeously and quickly enough.

[00:07:04]Thank you so much for just giving us that analysis that is Neelan Karikari, the president of the Judicial Officers Alliance of South Africa giving reaction with regards to the Kuha Fontaine chief magistrate, her having retired, but of course, does not taking away any accountability that should she face before the Magistrates Commission.