ATC140311: Report of the Portfolio Committee on Justice and Constitutional Development on the provisional suspension from office of Magistrate M J Kgomo, dated 11 March 2014
Report of the Portfolio Committee on Justice and Constitutional
Development on the provisional suspension
from office of Magistrate M J
, dated 11 March 2014
The Portfolio Committee on
Justice and Constitutional Development, having considered the request by the
Minister of Justice and Constitutional Development to provisionally
suspend Mr M J
, an additional Magistrate
, pending the outcome of an investigation
into his fitness to hold office as a Magistrate, reports as follow
is an additional magistrate at the
District Court and was appointed to the lower
court bench in July 2000.
was arrested on 5 December 2013 and appeared in the
Regional Court the following day on a charge of
It is alleged that he
demanded and received an amount of R150 000 in exchange for positively
influencing the outcome of an appeal for extradition brought by the complainant
in a particular matter. The money was recovered in Mr
briefcase in his office and in his presence.
was afforded an opportunity to comment on the
desirability of his provisional suspension from office.
Having considered Mr
response, the Magistrates Commission resolved to recommend that he be
provisionally suspended from office in terms of section 13(3)(a) of the Act,
pending the investigation into his fitness to hold office.
The Commission is of
the view that the charge against Mr
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.
The Commission is on the view that it is
inappropriate for a judicial officer, appearing as an accused before a court of
law on a charge of corruption, to still sit on the bench.
The charge and
existing evidence against Mr
are of such a
serious nature that would justify his removal from office should he be found
guilty of the misconduct charges preferred against him.
In the light of the
above, the Minister of Justice and Constitutional Development decided to
provisionally suspend Mr
from the office of
Magistrate with immediate effect, with retention of remuneration, pending the
outcome of an investigation into his fitness to hold such office.
Having considered the request to provisionally suspend Mr
from office, the Committee
recommends that the
National Assembly confirms the provisional suspension.
Report to be considered.
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