By Sihle Mavuso
A magistrate in the Benoni magistrate court in Gauteng province is under investigation after his estranged wife reported him to the Magistrate Commission for suspected abuse of power.
The name of the wife and the magistrate will not be disclosed to protect their kids.
The magistrate was reported to the commission early last month by the wife, who attached several WhatsApp messages and other documents to support her case. In her affidavit to the commission, the wife said her troubles started in August 2024 when she initiated a divorce with her husband.
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From there, things were sour and she believes that her husband started abusing his powers to gain an upper hand in the divorce proceedings.
She alleged that he started telling her that she was being investigated by the Judicial Leadership and Security Intelligence at his workplace, for threats of an alleged hijacking, my being in a cult and bank statements and cell phone texts being secured, amongst other things.
She said she later learned that her husband was in possession of her financial records and a portion of them were forwarded to her friend by the magistrate.
The financial records were handed over by FNB to the Benoni magistrate court after it was served with an order from the same court. The order dated 17 January 2025 only has a signature and the stamp of the court – there is no clear name of the magistrate who signed it off.
“I then went to Benoni SAPS and Benoni Magistrate’s Court to seek a Protection Order because of the intimidation carried by that message, also considering malicious allegations and abrupt outbursts which have been thrown at me continuously from the time I proposed a divorce on the 28th of December 2024 until I decided to move out on the 31st of August 2025.
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“On the 29th of May, I called First National Bank to enquire about this and was directed to lodge a complaint after which I was advised to open a fraud case with SAPS, pending the matter being investigated by FNB’s Group Crime and Security Risk Management department.
In the affidavit, the wife alleges that when she got to Boksburg SAPS unfortunately, she failed to open the case as an officer at the station told her that cannot open a case of fraud against her husband because the husband is entitled to her records.
“On the 13th of June 2025 Mr Werner Stapelburg, FNB’s Crime Investigator, phoned me with the outcome of their investigation. It turned out that FNB Lakeside Branch received a Court Order authorizing the release of my confidential bank statements to Benoni Magistrates Court, Maintenance Section,” reads part of the affidavit sent to the commission.
The secretary of the commission, Justice Finger confirmed that they have received the complaint and they are investigating it.
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“The complaint was received on 3 March 2027. As soon as the Commission has processed it, the Ethics Committee will consider it and revert to the complaint,” justice said.
FNB said it acted based on the court order and the estranged wife was advised about that.
“The allegations raised by the client were thoroughly investigated, and our findings confirmed that there was no evidence of unauthorised access to the customer’s accounts.
“In this instance, the bank received a subpoena from the Magistrate of Maintenance Court in relation to the client’s account and complied with the terms set out in the subpoena. In providing its assistance, FNB has an obligation to verify the subpoena upon receipt and to subsequently comply with the magistrate’s request and the laws that govern access to information,” the bank said.
FNB added that it acted in compliance with a validly issued and served subpoena and was not, in any way, in violation of the POPI Act and the Bank refutes any allegations of wrongdoing or misrepresentation in this regard.
“The customer was formally notified of the outcome of her complaint and provided with a copy of the court order. The bank has received no further communication or complaints since issuing this feedback.
The bank complies strictly with all legal and regulatory obligations, including court‑mandated disclosures and places the highest priority on customer privacy and data security,” the bank added.