ATC131106: Report of the Portfolio Committee on Justice and Constitutional Development on the suspension from office of Magistrate FKS Ntuli, dated 6 November 2013

Report of the Portfolio Committee on Justice and Constitutional Development on the suspension from office of Magistrate FKS Ntuli, dated 6 November 2013

The Portfolio Committee on Justice and Constitutional Development, having considered the request by the Minister of Justice and Constitutional Development to lift 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) of the Magistrates Act, 1993 (Act 90 of 1993), reports as follows:

1.             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 7h15 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. 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. It was on this basis that the Minister provisionally suspended Mr Ntuli from office.

2.             The Magistrates Commission commenced with the misconduct inquiry on 20 May 2013. The Presiding Officer found Mr Ntuli not guilty of the misconduct charged levelled against him.

3.             The Commission is of the view that it cannot justify the continuation of Mr Ntuli’s provisional suspension from office and recommended that the Minister lift the suspension with immediate effect.

4.             Since the basis for Mr Ntuli’s provisional suspension fell away, there is no reason to uphold the suspension.

Recommendation

Having considered the request to lift the provisional suspension from office of Mr FKS Ntuli, the Committee recommends that the National Assembly confirms that the provisional suspension be lifted.

Report to be considered.