The suspended Pretoria chief magistrate Desmond Nair will be making representations on why he should not be prosecuted for corruption based on witness testimony from his misconduct hearing.

Nair briefly appeared in the Pretoria Specialised Commercial Crimes Court on Friday.

Prosecutor Bheki Manyathi placed it on record that Nair would be making representations on why he should not be prosecuted on a charge of corruption.

It relates to security installation at his home by the controversial company Bosasa. The cost of the upgrade is said to be R200 000.

Manyathi said the representations would be based on the testimony of two State witnesses during Nair's misconduct hearing which was held by the Magistrates Commission.

However, the prosecutor said they still needed to obtain the transcript of the second witness' testimony, former Bosasa employee Richard le Roux, before making the representations.

Le Roux implicated Nair in the State capture Inquiry.

The State asked for a postponement to 30 November, which is only a provisional date.

This is because if it finds in favour of Nair, the charges will be withdrawn and a court date won't be necessary. However, if Manyathi is not persuaded by the representations, a date in January 2024 has been set for pre-trial.

Corruption charges

News24 previously reported that Nair was charged with one count of corruption after allegedly accepting the installation of Bosasa-sponsored security systems at his Pretoria home, including a full electric fence, CCTV and alarm systems valued at R200 000.

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".