ATC111123: Report on Magistrates Commission on the withholding of the remuneration of Magistrate LB Maruwa, Daveyton

Justice and Correctional Services

Report of the Portfolio Committee on Justice and Constitutional Development on the report of the Magistrates Commission on the withholding of the remuneration of Magistrate LB Maruwa, Daveyton

 

The Portfolio Committee on Justice and Constitutional Development, having considered the report of the Magistrates Commission on the withholding of the remuneration of Magistrate Maruwa, reports as follows:

 

1.                   Mr Maruwa was convicted by the Regional Court on 11 counts of fraud on 29 September 2009. The court sentenced him to a fine of R5000 or 12 months imprisonment.

 

2.                   At its meeting on 26 November 2009 the Magistrates Commission resolved to recommend that Mr Maruwa be provisionally suspended from office.. The Commission based its recommendation for provisional suspension on the serious nature of the allegations against him as well as the desire to protect the image of the Bench.

 

3.                   On 4 June 2010, Parliament confirmed Mr Maruwa’s provisional suspension from office.

 

4.                   Mr Maruwa appealed to the South Gauteng High Court against his criminal conviction and sentence. The appeal was to the full bench of the North Gauteng High Court. The appeal against the conviction and sentence was dismissed on 29 July 2011.

 

5.                   In terms of the Magistrates Act, the remuneration of a magistrate is not affected during the period of provisional suspension or suspension, unless the Commission determines otherwise.

 

6.                   Mr Maruwa has been provisionally suspended from the office since 3 February 2010 pending an investigation into his fitness to hold office: He is still receiving remuneration. His conviction on 11 counts of fraud was confirmed by the full bench of the Northern Gauteng High Court. There seems to be no reason why he should still be paid for the period during which he is provisionally suspended, pending the outcome of the misconduct inquiry against him. Mr Maruwa was invited to show cause why the Commission should not determine to withhold his remuneration.

 

7.                   The Commission informed the Committee that Mr Maruwa had resigned with effect from 17 October 2011.

 

8.                   Having considered the report of the Magistrates Commission, the request of the Minster and the fact that Mr Maruwa has resigned, the Committee recommends that the National Assembly approve the withholding of Mr Maruwa’s remuneration.

 

Report to be considered