ATC120918: Report of the Portfolio Committee on Justice and Constitutional Development on the withholding of the remuneration of Magistrate M Tyulu, dated 18 September 2012

Report of the Portfolio Committee on Justice and Constitutional Development on the withholding of the remuneration of Magistrate M Tyulu , dated 18 September 2012

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

1. On 25 February 2012, the Magistrates Commission resolved that Mr Tyulu be removed from office on the ground of misconduct.

2. Having considered the Commission’s recommendation to suspend Mr Tyulu from office, the Minister of Justice and Constitutional Development suspended Mr Tyulu from office and tabled a report in this regard in Parliament.

3. Mr Tyulu was given an opportunity to show why his remuneration should not be withheld. The Commission considered the representations but determined to withhold his remuneration. The Commission is of the view that the withholding of Mr Tyulu’s remuneration is justified, pending the consideration by Parliament of a recommendation to remove him from office. There seems to be no reason why a magistrate on suspension, who is not fit to hold office and who is being removed from office for that reason, should be remunerated for the period during which he is suspended prior to his removal.

Recommendation

Having considered the Commission’s report and the Minister’s request, the Committee recommends that the National Assembly approves that Mr Tyulu’s salary be withheld.

Report to be considered.