Report of the Portfolio Committee on Justice and Constitutional Development on the provisional suspension from office of Magistrate M J Kgomo, dated 11 March 2014

The Portfolio Committee on Justice and Constitutional Development, having considered the request by the Minister of Justice and Constitutional Development to provisionally suspend Mr M J Kgomo, an additional Magistrate at Randburg, pending the outcome of an investigation into his fitness to hold office as a Magistrate, reports as follows:

1. Mr Kgomo is an additional magistrate at the Randburg District Court and was appointed to the lower court bench in July 2000.

2. Mr Kgomo was arrested on 5 December 2013 and appeared in the Randburg Regional Court the following day on a charge of corruption. It is alleged that he demanded and received an amount of R150 000 in exchange for positively influencing the outcome of an appeal for extradition brought by the complainant in a particular matter. The money was recovered in Mr Kgomo’s briefcase in his office and in his presence.

3. Mr Kgomo was afforded an opportunity to comment on the desirability of his provisional suspension from office. Having considered Mr Kgomo’s response, the Magistrates Commission resolved to recommend that he be provisionally suspended from office in terms of section 13(3)(a) of the Act, pending the investigation into his fitness to hold office.

4. The Commission is of the view that the charge against Mr Kgomo is of such a serious nature as to make it inappropriate for him to perform the functions of a Magistrate while the allegations are being investigated. The Commission is on the view that it is inappropriate for a judicial officer, appearing as an accused before a court of law on a charge of corruption, to still sit on the bench.

5. The charge and existing evidence against Mr Kgomo are of such a serious nature that would justify his removal from office should he be found guilty of the misconduct charges preferred against him.

6. In the light of the above, the Minister of Justice and Constitutional Development decided to provisionally suspend Mr Kgomo from the office of Magistrate with immediate effect, with retention of remuneration, pending the outcome of an investigation into his fitness to hold such office.

Recommendation

Having considered the request to provisionally suspend Mr Kgomo from office, the Committee recommends that the National Assembly confirms the provisional suspension.

Report to be considered.