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Sexual harassment and corruption in the court building

Sexual harassment and corruption in the court building

Sexual harassment and corruption in the court building

A Randburg-based state prosecutor, Dinesh Nandkissor, is facing charges of sexual assault, intimidation, corruption, and defeating the ends of justice.

The complainant had initially approached him for assistance with her brother’s legal matter. After directing her to return the following day, he is alleged to have assaulted her.

Nandkisoor allegedly attempted to dissuade the complainant from reporting the sexual assault to the police by offering her a vacation and promising to resolve her brother’s case. He then handed himself over to the police, and the complainant sent an email to the NPA reporting the incident.

Nandkisoor denied all allegations and was granted a R3 000 bail. The case has been postponed to 7 May 2025.

Spokesperson Terrence Manase issued a statement on behalf of Minister Mmamoloko Kubayi, stating that the Department of Justice is monitoring the case closely and will continue to do so. The NPA’s National Director of Public Prosecutions, Advocate Andy Mothibi, added that all NPA members are expected to uphold the code of conduct and that “failure to do so will result in consequences.”

…all NPA members are expected to uphold the code of conduct and that “failure to do so will result in consequences.”

This case raises serious concerns about safety in the courts, accountability in the justice system, and abuse of power over members of the public.

Why this matters

Prosecutors occupy a uniquely powerful position in the justice system. They are entrusted to act in the interests of justice, not to exploit vulnerable members of the public. Allegations of coercion and corruption erode the trust that allows the justice system to function. For many South Africans, approaching a court is already an act of courage; if those tasked with protecting them become a source of harm, access to justice itself is compromised.

For many South Africans, approaching a court is already an act of courage; if those tasked with protecting them become a source of harm, access to justice itself is compromised.

In 2023, the DGRU published a survey called Isidima – Magistrates Court User Survey Report”, which examined sexual harassment and corruption in the court building.

The survey found that “some 1.9% of all court users said they, or a person they knew, experienced sexual harassment at court. Among female court users, this raises it to 2.7%.”

On bribery in the courts, 94% said that it has never happened. However, some 6% of respondents (1 in 17) answered yes, with one third of these (2%) saying this happened a few or many times. More than half of them indicated that the bribe was in fact paid.”

Lawyers and clerks accounted for 14% and prosecutors 13%, according to respondents. More bribes were solicited to “make the process go in my favour” (25%) rather than any other purpose, followed by “to make documents get lost” (19%).

This matter, combined with our survey data, highlights the urgent need for stronger safeguards. Transparency, swift disciplinary action, and robust prosecution of misconduct are essential to restore confidence.

The allegations against Nandkissor are not just about one prosecutor; they strike at the heart of public trust in South Africa’s justice system. If the justice system is to maintain public trust, it must show that no one is above the law.

Swift prosecution, decisive disciplinary measures, and stronger safeguards against harassment and corruption are essential. Every scandal left unchecked deepens the perception of impunity, and every decisive action taken restores a measure of trust.

See News24 “Prosecutor accused of sexual assault, allegedly bribed victim with vacation and legal favours”.

See Judges Matter: “Sexual Harassment in the Court Building: Complaints against Magistrates and Judges”.

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