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 Tyulu , dated 18 September 2012

The Portfolio Committee on Justice and Constitutional Development, having considered the report on the suspension of Magistrate M Tyulu , an additional Magistrate at Cape Town , reports as follow s:

1. At the conclusion of the misconduct inquiry, Mr Tyulu 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.

2. On 17 October 2011, the Presiding Officer recommended that Mr Tyulu be removed from office. The Presiding Officer also took into account that Mr Tyulu had previously been found guilty of misconduct and that he was severely reprimanded at the time.

3. In November 2011, the Magistrates’ Commission received representations in mitigation from Mr Tyulu’s representative. The Presiding Officer elected not to forward any additional reasons for his recommendation to the Magistrates’ Commission.

4. On 25 February 2012, the Executive Commission of the Commission considered the findings and recommendation, as well as the representations received on Mr Tyulu’s behalf.

5. The Commission resolved to support the recommendation of the Presiding Officer that MR Tyulu be removed from office. It is of the view that Mr Tyulu’s conduct is so serious that it justifies his removal from office. His conduct renders him unfit to hold the office of Magistrate any longer.

Recommendation

Having considered the Commission’s report on the suspension from office of Mr M Tyulu and the Minister’s request, the Committee recommends that the National Assembly confirms that he be removed from the office of Magistrate.

Report to be considered.