ATC111122: Report on Withholding of the remuneration of Magistrate MT Masinga, Umlazi,
Report of the Portfolio Committee on Justice and Constitutional Development on the withholding of the remuneration of Magistrate MT Masinga, Umlazi, 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 Masinga, Umlazi, reports as follows:
1. At is meeting held on 26 November 2009, the Magistrates Commission resolved to recommend that Mr Masinga be provisionally suspended from office in terms of section 13(3)(a) of the Magistrates Act. Mr Masinga was convicted by the Regional Court, Durban, of attempted murder on 23 May 2011. The criminal case was postponed to 4 October 2011 for sentencing. Mr Masinga has indicated his intention to appeal or to bring an application to review the finding of the Regional Court.
2. Mr Masinga was provisionally suspended from office with effect from 3 February 2010, pending an investigation into his fitness to hold office. Parliament confirmed his suspension in June 2010. The misconduct inquiry was set down for 26 August 2010 but is not yet finalised.
3. In terms of the Act, the remuneration of a magistrate is not affected during the period of provisional suspension, unless the Commission determines otherwise: Mr Masinga continues to be remunerated.
4. There is no reason why a magistrate, who is on provisional suspension and who has been convicted of a serious offence by a court of law, should still be paid for the period during which he is provisionally suspended pending the outcome of the misconduct inquiry against him. Mr Masinga was invited to show cause why the Commission should not determine to withhold his remuneration in terms of the Act.
5. Mr Masinga’s attorneys forwarded representations to the Commission on 12 August 2011 but did not address the issue why the Commission should not determine to withhold his remuneration.
6. In light of the conviction, the Committee sees no reasons why Mr Masinga’s salary should not be withheld.
7. Having considered the report of the Magistrates Commission and the Minister’s request, the Committee recommends that the National Assembly approve the withholding of Mr Masinga’s salary.
Report to be considered
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