ATC131030: Report of the Portfolio Committee on Justice and Constitutional Development on the Provisional Suspension of Magistrate J F van Schalkwyk, Chief Magistrate at Kempton Park, dated 30 October 2013

Report of the Portfolio Committee on Justice and Constitutional Development on the Provisional Suspension of Magistrate J F van Schalkwyk, Chief Magistrate at Kempton Park , dated 30 October 2013

The Portfolio Committee on Justice and Constitutional Development, having considered the report of the Minister of Justice and Constitutional Development on the provisional suspension of Magistrate J F van Schalkwyk pending the outcome of an investigation into her fitness to hold the office as a magistrate, as required by section 13(3)(b) of the Magistrates Act, 1993 (Act 90 of 1993), reports as follows:

1. Ms van Schalkwyk is the Chief Magistrate and the Judicial Head at Kempton Park. She was appointed to this position in 2004. Ms van Schalkwyk faces an number of allegations, including those related to:

·                     Refusal to execute a lawful order and derogatory, disrespectful and insulting behaviour to both the Chief Magistrate and the Chief Justice.

·                     Severe abuse of power as judicial head of the office, especially with reference to the magistrates under her control by utilizing them for non- official purposes during official court hours.

·                     Gambling during official hours.

·                     Borrowing money from subordinates and an attorney who deals with her court house in an official legal capacity.

·                     Defeating the ends of justice and making misrepresentations to the Judge President, Gauteng during her stint as an Acting Judge by handing down judgements that were not written by herself but by magistrates under her control, and on occasion by an attorney.

2. Ms van Schalkwyk was afforded an opportunity to comment on the desirability of her provisional suspension and she responded in writing on 2 May 2013.

3. At its meeting on 11 May 2013, the Executive Committee of the Magistrates Commission considered Ms van Schalkwyk’s response and resolved to recommend that she be provisionally suspended from office pending the investigation into her fitness to hold office. The Commission is of the view that the allegations against her are of such a serious nature as to make it inappropriate for her to perform the functions of a magistrate while the allegations are being investigated.

4. The Minister of Justice and Constitutional Development concurred with the Magistrates Commission’s recommendation and provisionally suspended Ms Van Schalkwyk from office.

5. Recommendation

Having considered the Magistrates Commissions report and the Minister of Justice and Constitutional Development’s recommendation, the Committee recommends that the National Assembly confirms Ms J F van Schalkwyk’s provisional suspension from office as a Magistrate.

Report to be considered