Report of the Select Committee on Security and Constitutional
Development on the provisional suspension from office of Magistrate MJ Kgomo, dated 11 March 2014
The Select Committee on Security and
Constitutional Development, having considered the report of the Magistrates
Commission on the provisional
suspension from office of Mr MJ Kgomo, an additional
magistrate at Randburg, pending the outcome of an investigation into his
fitness to hold office as a Magistrate, as required by section 13(3) (b) of the
Magistrates Act, 1993 (Act 90 of 1993), reports as follows:
1. Background:
1.1
The police arrested Mr Kgomo
on 5 December 2013. Mr Kgomo appeared in the Randburg Regional Court the following day on a charge of
corruption. Mr MJ Kgomo allegedly 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 the
particular matter.
1.2
The complainant had to face charges of corruption in
another country amounting to R20 million.
1.3
The money was recovered in Mr Kgomo’s
briefcase in his office and in his presence.
1.4
The Court on 9 December 2013 granted Mr Kgomo R30 000 bail.
2. Provisional suspension:
2.1
In order to advise the Minister on his provisional
suspension from office, pending the outcome of the investigation, the
Magistrates Commission afforded Mr Kgomo the
opportunity to comment on the desirability of such provisional suspension.
2.2
Having considered Mr Kgomo’s
response, dated 13 January 2014, the Commission recommended to the Minister Mr Kgomo’s provisional suspension from office in terms of
section 13(3)(a) of the Act, pending the investigation into his fitness to hold
office.
2.3
The Commission is of the view that the existing
evidence against Mr Kgomo is of such a serious nature
as to make it inappropriate for him to perform the functions of a Magistrate during
the pending investigation. It would be inappropriate for a judicial officer,
appearing as an accused before a court of law on a charge of corruption, to preside.
2.4
The Commission holds the view that, without anticipating
the outcome of the investigation into his fitness to hold the office of
Magistrate, the existing evidence against Mr Kgomo is
of such a serious nature that it would justify his removal from office, should the
Commission find him guilty of the misconduct charges against him.
3. Minister’s
decision to provisionally suspend Mr Kgomo
3.1
The
Minister, on the advice of the Magistrates Commission, provisionally suspended Mr Kgomo,
an additional magistrate at Randburg, 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.
4. Recommendation
4.1
Having
considered the Commission’s report on the provisional suspension from office of
Mr MJ Kgomo, the Committee concurs with the
Minister’s decision and recommends that the National Council of
Provinces confirm the provisional suspension.
Report
to be considered.