ATC120918: Report of the Portfolio Committee on Justice and Constitutional Development on the suspension from office of Magistrate M Tyulu, dated 18 September 2012
Report of the Portfolio Committee on Justice
and Constitutional Development on the suspension
from office of Magistrate M
, dated 18 September 2012
The Portfolio Committee on Justice and Constitutional Development,
having considered the report on the suspension
, an additional Magistrate at
At the conclusion of the misconduct inquiry, Mr
was found guilty of sexual harassment involving a
female accused who appeared before him in a pending criminal case at the Cape
Town Magistrates Office.
On 17 October 2011, the Presiding Officer
recommended that Mr
be removed from office. The
Presiding Officer also took into account that Mr
had previously been found guilty of misconduct and that he was severely
reprimanded at the time.
In November 2011, the Magistrates Commission
received representations in mitigation from Mr
representative. The Presiding Officer elected not to forward any additional
reasons for his recommendation to the Magistrates Commission.
On 25 February 2012, the Executive Commission of the
Commission considered the findings and recommendation, as well as the representations
received on Mr
The Commission resolved to support the recommendation
of the Presiding Officer that MR
from office. It is of the view that Mr
conduct is so serious that it justifies his removal from office. His conduct
renders him unfit to hold the office of Magistrate any longer.
considered the Commissions report on the suspension from office of Mr M
and the Ministers request, the Committee
recommends that the National
Assembly confirms that he
removed from the office
Report to be considered.
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