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
, dated 18 September 2012
The Portfolio Committee on Justice and Constitutional Development,
having considered the report on withholding the remuneration of
, an additional Magistrate at
February 2012, the Magistrates Commission resolved that Mr
be removed from office on the ground of misconduct.
Having considered the Commissions recommendation to
from office, the Minister of Justice
and Constitutional Development suspended Mr
from office and tabled a report in this regard in Parliament.
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
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
Having considered the Commissions report and the
Ministers request, the Committee recommends that the National Assembly approves
Report to be considered.
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