Conviction and Sentencing of Regional Magistrate and Co-Accused for Defeating the Ends of Justice and Related Crimes
27 MARCH 2025
Conviction and Sentencing of Regional Magistrate and Co-Accused for Defeating the Ends of Justice and Related Crimes
Leavit Mkansi and Stanley Bakili have been convicted of defeating the ends of justice and sentenced by the Bloemfontein Regional Court. Bakili's legal troubles began on 27 April 2013 when he was arrested on 27 counts of fraud. Initially charged alongside two other co-accused, their trial was later separated, and Bakili stood trial alone from 21 October 2016.
Throughout the trial, Bakili appeared before six different Regional Magistrates. On two separate occasions, on 13 December 2016 and 31 January 2017, he objected to the Magistrates presiding over his case. His trial finally came before Regional Magistrate Leavit Mkansi on 17 February 2017. Bakili pleaded not guilty to all charges, and several witnesses testified against him during the proceedings.
In May 2018, during a bail application for Bakili on an unrelated matter, it was revealed that there had been cellular communication between Bakili and Mkansi. The prosecutor brought this issue to the court's attention, prompting an application for Magistrate Mkansi to recuse himself from the case. Mkansi subsequently recused himself but denied that the phone number in question was his. However, further investigation confirmed that the number did, in fact, belong to him, and it was discovered that he had two additional cell phone numbers. The investigation revealed that communication between Bakili and Mkansi had begun as soon as Bakili appeared before him in court.
During the trial, the court heard that the two accused frequently communicated with each other on specific days and remained in contact throughout the day. Evidence from Bloemfontein Windmill Casino revealed that they were present at the casino simultaneously on multiple occasions. During this time, Mr. Bakili had a casino balance exceeding R9 million.
On several occasions, Mr. Bakili failed to appear in court, leading Magistrate Mkansi to issue a warrant for his arrest. However, despite the warrant, the two remained in telephonic contact on the same day.
Even on the day that Magistrate Mkansi canceled the warrant, records showed that he and Mr. Bakili continued to communicate afterward.
It was later established that there had been over 192 calls between Bakili and Mkansi's three phone numbers. Both men were charged with defeating the ends of justice after it was uncovered that they had maintained frequent communication throughout the ongoing trial. Furthermore, Mkansi failed to disclose or report his personal relationship and communication with Bakili. In his ruling on the recusal application, Mkansi made false statements on record, downplaying the frequency and nature of their communication and denying any involvement in communicating with Bakili.
His actions ultimately led to the need for Bakili’s fraud prosecution to start de novo before a different magistrate. In court, the version of Bakili was that he and the magistrate had been friends long before the magistrate presided over his matter and that they had interacted with each other previously. He further mentioned that Magistrate Mkansi was one of the guests at his wedding. However, Mkansi denied knowing Bakili and further denied contacting him, but could not explain the communication between their cellphone numbers. The prosecution, led by State Advocate Dansi Mpemvane from the office of the Director of Public Prosecutions (DPP), Free State, presented overwhelming evidence against both accused.
During cross-examination, Mkansi initially denied that the cell phone numbers belonged to him but later admitted that they were indeed his official contact numbers. Both men were found guilty of defeating the ends of justice. In sentencing, Magistrate Smith noted that neither of the accused showed remorse for their actions, despite the compelling evidence presented. He emphasised that Mkansi’s conduct, as a Regional Magistrate, was not only embarrassing to the legal profession but also undermined the trust the judiciary and the community had placed in him. As a public official, Mkansi had a duty to uphold justice, yet he betrayed that trust, fully aware of the serious consequences of his actions.
The state argued for direct imprisonment for both accused, and the court imposed the following sentences: Leavit Mkansi was fined R120,000 or sentenced to five years in prison, while Stanley Bakili was fined R60,000 or sentenced to 30 months in prison, with an additional 30 months suspended for five years.
Corrupt officials, businesspeople, organised criminals, and public servants know that impunity is no longer a given. That dreaded knock on the door has become a realistic prospect.
Issued by:
Mojalefa Senokoatsane
NPA Regional Spokesperson
Free State Division
Email: MSenokoatsane@npa.gov.za
Contact: 073 423 3539