ATC130313: Report of the Portfolio Committee on Justice and Constitutional Development on the suspension from office of Magistrate FKS Ntuli, dated 13 March 2013

Report of the Portfolio Committee on Justice and Constitutional Development on the suspension from office of Magistrate FKS Ntuli , dated 13 March 2013

The Portfolio Committee on Justice and Constitutional Development, having considered the report of the Magistrates Commission on the provisional suspension from office of Mr FKS Ntuli , an additional Magistrate at Uitenhage , pending the outcome of an investigation into his fitness to hold office as a Magistrate, as required by section 13(3 )( b) of the Magistrates Act, 1993 (Act 90 of 1993), reports as follow s:

1. In her letter dated 30 August 2012 the Chief Magistrate of Port Eli za beth , informed the Commission that Mr Ntuli was arrested on Friday 17 August 2012 on a charge of drunken driving. He was allegedly found by a police officer in the town at around 07h15, driving alone in a motor vehicle, which was moving from one lane to another, an indication that the driver was not in proper control of the motor vehicle. He was issued with a written warning to appear in court at Uitenhage on 13 February 2013

2. Mr Ntuli was previously convicted of the same offence on 20 March 2008. He was subsequently charged with misconduct, found guilty and, on 8 July 2009, strongly reprimanded by the Presiding Officer to refrain from any similar misconduct in future.

3. In order to advise the Minister on his provisional suspension from office pending the outcome of the investigation, Mr Ntuli was afforded an opportunity to comment on the desirability of such provisional suspension.

4. At its meeting, held on 29 and 30 November 2012, the Commission, having considered Mr Ntuli’s response dated 18 September and 3 October 2012, resolved to recommend that Mr Ntuli be provisionally suspended from office in terms of section 13(3) (a) of the Magistrate Act 93 of 1993, pending the investigation into his fitness to hold office. The Commission is of the view that the existing evidence against Mr Ntuli is of such a serious nature as to make it inappropriate for him to perform the functions of a magistrate while the allegations are being investigated.

5. It would be inappropriate for a judicial officer, who is once more appearing as an accused before a court of law on a charge of drunken driving, to continue to sit on the Bench.

Recommendation

Having considered the Commission’s report on the provisional suspension from office of Mr FKS Ntuli and the Minister’s request, the Committee recommends that the National Assembly confirms the provisional suspension.

Report to be considered.