15 November 2024
The Magistrates Commission says “serious, complex” allegations relating to KwaZulu-Natal Magistrate Ian Blose are under investigation. Illustration: Lisa Nelson
The Magistrates Commission has confirmed that it is investigating the circumstances that led to the appointment of Ian Blose, both as an acting and permanent magistrate in KwaZulu-Natal.
“The allegations relating to Mr Blose are serious, complex and are receiving the commission’s urgent attention,” advocate Naome Manaka, chairperson of the ethics committee, said.
GroundUp recently reported that questions have been raised as to how Blose, a former attorney, was permanently appointed in 2020 given that he was once an accused in a provincial government-related high profile corruption and money-laundering trial, and that he was subsequently suspended from practice by the Legal Practice Council (LPC) in relation to a trust fund deficit.
At the time of publishing, the commission had not responded to GroundUp’s request for comment.
In a written response this week, advocate Manaka said an investigation was underway.
The investigation has been prompted by a complaint lodged against Blose in December 2023. Manaka did not provide any further details of this complaint but it is believed to be related to the deficit in a trust fund.
However, she said, in October this year, the commission had “discovered” the allegations of corruption and money laundering against Blose and had “included them as part of its investigation”.
“The commission appreciates the urgency of the matter and the need to account to the public. But it has an obligation not to disclose information that would compromise the integrity of the investigation and its own processes,” Manaka said.
She said earlier this month, the commission had received another complaint from a Durban-based attorney, which would now also form part of the investigation.
That complaint, as previously reported, was laid by attorney Wesley Rogers on behalf of his client, Rahul Jaiswal, who has been in custody for more than a year and is facing extradition to the United States to face charges of conspiracy to deal in pharmaceuticals.
Blose was presiding over the part-heard matter when he consented to be interviewed by Interpol agents. Now a potential witness in the matter, he recused himself.
In his complaint, Jaiswal said Blose should have refused to be interviewed. He also noted Blose’s past and asked that the commission investigate whether he was a fit and proper person to hold office.
Blose was once an accused in the so-called “Amigos” corruption trial - a reference to how the accused referred to each other in correspondence which landed ANC heavyweights Peggy Nkonyeni, Mike Mabuyakhulu, and former KZN treasury head Sipho Shabalala in the dock along with Uruguayan businessman Gaston Savoi over alleged corrupt contracts worth R144-million.
It was alleged that Savoi paid a R1-million “sweetener” to the ANC in return for contracts.
Blose was a director of the law firm which received the money into its trust account.
He was charged in 2010. But the charges were withdrawn against him in 2012 by then KZN head of prosecutions advocate Moipone Noko, who was later implicated in state capture at the Zondo Commission.
Former Deputy Minister of Justice John Jeffrey, whose office was responsible for vetting Blose for his acting stints, told GroundUp that Blose had disclosed the criminal matter in his application, but had put up a document from Noko confirming that the charges had been withdrawn due to insufficient evidence against him.
In the document he denied having any ties with the “business client” or the ANC monies.
He had also disclosed that he was involved in a civil dispute with Standard Bank over a balloon payment involving a vehicle but said that had been settled.
Regarding Blose’s issues with the LPC, Jeffery said he was unaware of them at the time and they seemed to have only arisen after his permanent appointment.
“From my side, one does not do these appointments on a whim. I didn’t see any basis, seeing as the chief magistrate was recommending him, to decline his appointment,” he said.
While he was acting as a magistrate (appointed in 2017), the LPC in KwaZulu-Natal investigated a complaint against him from a client that he had short paid her in a property transaction by R260,000.
The LPC obtained a court order suspending him from practice in 2022 after he failed to produce bank statements or accounting records.
The investigating committee recorded that he had “abandoned his practice”, was in arrears with his landlord, and had conceded that he was aware that the money was owing to the client.
In response to questions by GroundUp, the LPC said it had provided Blose with a certificate of good standing - which was required in order to be appointed as a magistrate - because at the time Blose had not been suspended from practice.
However, Manaka said the commission was “now investigating its contents and authenticity”.
Previously, Blose told GroundUp that he had made full disclosure to the commission in his applications for appointment.
GroundUp has made an application through the Promotion of Access to Information Act (PAIA) for access to his application records and deliberations relating to his permanent appointment by the commission.