Suspended Pretoria chief magistrate Nair fails to have Bosasa-related corruption charge dropped

23rd January 2024 By: News24Wire

Suspended Pretoria chief magistrate Desmond Nair has failed in his bid to have a Bosasa-related corruption charge against him dismissed.

Nair briefly appeared in the Pretoria Specialised Commercial Crime Court on Tuesday, where he learnt that the representations he made as to why he should not be prosecuted had been dismissed.

Prosecutor Bheki Manyathi said Nair's representations were considered and rejected by Investigating Directorate (ID) head advocate Andrea Johnson (CORR).

Nair, who was in court without legal representation, first told the court that his advocate was not present because the matter was going to be postponed.

On the matter of the representations, Nair said he was only made aware of the decision on Monday.

Nair said he would consider his position on whether to appeal Johnson's decision to National Director of Public Prosecutions Shamila Batohi.

The court previously heard that Nair's representations would, in part, be based on witness testimony from his misconduct hearing.

At the time, Manyathi told the court that the testimony was from two State witnesses who testified during Nair's misconduct hearing held by the Magistrate's Commission.

He mentioned that one of the witnesses was former Bosasa employee Richard le Roux.

Le Roux implicated Nair before the State Capture Inquiry.

The case has been postponed to 15 March.

Nair was first arrested and charged with corruption in October 2022.

The charge relates to a R200 000 security equipment installation at his Pretoria home by the controversial company Bosasa.

He was charged with one count of corruption after allegedly accepting the installation of a full electric fence, CCTV and alarm systems,

According to the charge sheet, Nair is accused of accepting a bribe from Bosasa in or near Silverton, Pretoria, in September 2016 while he was a judicial officer and the chief magistrate of Pretoria.

News24 reported that Nair confirmed that security cameras were installed at his private residence but said this was "pursuant to a private agreement."