ATC111123: Report on Withholding of the remuneration of Magistrate D Jacobs, Clocolan

Justice and Correctional Services

Report of the Portfolio Committee on Justice and Constitutional Development on the withholding of the remuneration of Magistrate D Jacobs, Clocolan, dated 22 November 2011

 

The Portfolio Committee on Justice and Constitutional Development, having considered the report of the Magistrates Commission on the withholding of the remuneration of magistrate D Jacobs, reports as follows

 

1.                         The Magistrates Commission conducted an investigation into Mr Jacobs’s capacity to carry out his duties of office efficiently. He was found not to have the capacity to perform his functions as a magistrate any longer.

 

2.                         At its meeting held on 21 and 22 July 2011 the Commission resolved to recommend that Mr Jacobs be removed from office in terms of section 13(4)(a)(iii) of the Magistrates Act, 1993. Having considered the Commission’s recommendations, the Minister confirmed his provisional suspension and suspended him from office. A report on his suspension from office was tabled in Parliament on 15 August 2011.

 

3.                         The Commission is of the view that the withholding of Mr Jacobs’ remuneration, pending the consideration by Parliament of a recommendation for his removal from office, is justified. There seems to be no reasons why a magistrate on suspension, who is not fit to hold office, and is being removed from office for that reason, should be paid for the period during which he is suspended prior to his removal. Mr Jacobs was invited to show cause why the Commission should not determine to withhold his remuneration in terms of the Act. His attorneys responded on his behalf.

 

4.                         Having considered the request for the withholding of Mr Jacobs’ remuneration, the Committee recommends that the National Assembly approves the request.

 

Report to be considered