Security and Constitutional Development Committee: Adoption of Outstanding Reports

NCOP Security and Justice

25 May 2010
Chairperson: Mr T Mofokeng (ANC, Free State )
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Meeting Summary

The Committee met to consider and three outstanding reports. These included the report on the Department of Correctional Services budget, the report on Proclamations made in terms of section 25 of the Protection of Constitutional Democracy Against Terrorist and Related Activities Act, 2004 (Act No. 33 of 2004) and the report on the provisional suspension of Mr D Jacobs, a Magistrate at Clocolan in the Free State. All three reports were approved without any changes.

Meeting report

Committee Report on Department of Correctional Services Budget
The Chairperson tabled the report for consideration.

Members adopted the report without any amendments.

Committee Report on Proclamations made in terms of section 25 of the Protection of Constitutional Democracy Against Terrorist and Related Activities Act, 2004 (Act No. 33 of 2004)
The Chairperson requested Members to give their inputs on the report.

No objections were raised and the report was duly adopted without any changes.

Committee report on the provisional suspension of Mr D Jacobs, a Magistrate at Clocolan, in terms of section 13(3)(c) of the Magistrates Act,1993 (Act No. 90 of 1993)
The Chairperson tabled the report for consideration.

The report detailed evidence which emerged at a briefing of the Committee by representatives of the Magistrates Commission on the 19 May 2010. An investigation by the Ethics Division had confirmed that Mr Jacobs suffered from severe alcohol dependency that impaired his ability to perform his judicial functions effectively and efficiently. Two Rehabilitation attempts had proved unsuccessful and discussions between Mr Jacobs and two Judicial Quality Assurance Magistrates from the Magistrates Commission in November 2009 and again in January 2010 had produced no positive change in his behaviour. On 13 January 2010, the Ethics Committee had requested that Mr Jacobs show cause why the Commission should not recommend that he be provisionally suspended from duty pending an investigation into his fitness to hold the office of Magistrate. At its meeting held on 25 February 2010, the Commission considered Mr Jacobs' response and recommended that he be provisionally suspended from office in terms of section 13(3)(a) of the Magistrates Act,1993. They found that the existing evidence against Mr Jacobs was of such a serious nature that it would justify his removal from office should he be found guilty of the misconduct charges against him. In the report the Select Committee also raised their concern that Mr Jacobs' behaviour had been apparent for a number of years and that it was an indictment on the Commission that the problem had persisted for more than four years to Mr Jacobs' detriment and that of the Magistrates Offices in Clocolan. They requested that the Magistrates Commission review the judgements rendered by Mr Jacobs during the period of his illness to determine the validity of the judgements rendered. The Committee requested a report on this process within six months after the adoption of this report by the National Council of Provinces.

The report was adopted without any changes.

The meeting was adjourned.




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