ATC090826: Report Update Report of Magistrate Bacharam

NCOP Security and Justice

Report of the Select Committee on Security and Constitutional Development on the Update Report of Magistrate Bacharam, dated 26 August 2009

 

1.  Introduction

 

The Select Committee on Security and Constitutional Affairs, having considered the update report on the provisional suspension from office of Magistrate A Bacharam tabled by the Minister for Justice and Constitutional Development in terms of section 13(3)(f) of the Magistrates Act, 1993 (Act no 90 of 1993), reports as follows:

 

1. Ms Bacharam was charged for a traffic offence and summoned to appear in the Scottburgh District Court on 13 December 2005.  She had an option to pay an admission of guilt fine of R300-00 (three hundred rand).  On 27 October 2005, she was approached in her office by the Sheriff for service of the summons.  Instead of accepting service of the summons, she called an interpreter to her office and requested her to accept service of the summons on her behalf.  The interpreter subsequently signed on the return of service and left Ms Bacharam’s office.  On 13 December 2005, the date of trial, all traffic summonses were brought before Ms Bacharam. She dealt with the cases, including her own.  She, herself, struck case no B7309/05 in which she was an accused, from the roll.  The case was thereafter filed. She did not pay the admission of guilt fine.

 

1. Due to Ms Bacharam hearing her own case and striking it from the roll she was criminally charged with defeating or obstructing the administration of Justice. The Magistrates Commission also brought disciplinary charges against her. 

 

1. A disciplinary hearing was set down by the Magistrates Commission for 30 May 2008.  Ms Bacharam’s representative requested a postponement of the inquiry pending the finalization of the criminal case against her.

 

1. Ms Bacharam was on 13 February 2009 acquitted on the above criminal charge.

 

1. The Committee was informed that the Magistrates Commission has subsequently reviewed the transcription of proceedings in the criminal case and had, on Tuesday, 25 August 2009, advised the Minister for Justice and Constitutional Development on the feasibility of proceeding with a disciplinary hearing.

 

1. The Minister for Justice and Constitutional Development is considering the recommendation by the Magistrates Commission and will inform Parliament on the appropriate course of action.

 

The Committee therefore awaits the tabling of the report from the Minister for Justice and Constitutional Development in Parliament in order to conclude the matter.