ATC140311: Report of the Select Committee on Security and Constitutional Development on the provisional suspension from office of Magistrate MJ Kgomo, dated 11 March 2014

Report of the Select Committee on Security and Constitutional Development on the provisional suspension from office of Magistrate MJ Kgomo , dated 11 March 2014

The Select Committee on Security and Constitutional Development, having considered the report of the Magistrates Commission on the provisional suspension from office of Mr MJ Kgomo , an additional magistrate at Randburg , 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. Background:

1.1 The police arrested Mr Kgomo on 5 December 2013. Mr Kgomo appeared in the Randburg Regional Court the following day on a charge of corruption. Mr MJ Kgomo allegedly 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 the particular matter.

1.2 The complainant had to face charges of corruption in another country amounting to R20 million.

1.3 The money was recovered in Mr Kgomo’s briefcase in his office and in his presence.

1.4 The Court on 9 December 2013 granted Mr Kgomo R30 000 bail.

2. Provisional suspension:

2.1 In order to advise the Minister on his provisional suspension from office, pending the outcome of the investigation, the Magistrates Commission afforded Mr Kgomo the opportunity to comment on the desirability of such provisional suspension.

2.2 Having considered Mr Kgomo’s response, dated 13 January 2014, the Commission recommended to the Minister Mr Kgomo’s provisional suspension from office in terms of section 13(3)(a) of the Act, pending the investigation into his fitness to hold office.

2.3 The Commission is of the view that the existing evidence against Mr Kgomo is of such a serious nature as to make it inappropriate for him to perform the functions of a Magistrate during the pending investigation. It would be inappropriate for a judicial officer, appearing as an accused before a court of law on a charge of corruption, to preside.

2.4 The Commission holds the view that, without anticipating the outcome of the investigation into his fitness to hold the office of Magistrate, the existing evidence against Mr Kgomo is of such a serious nature that it would justify his removal from office, should the Commission find him guilty of the misconduct charges against him.

3. Minister’s decision to provisionally suspend Mr Kgomo

3.1 The Minister, on the advice of the Magistrates Commission, provisionally suspended Mr Kgomo , an additional magistrate at Randburg , 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.

4. Recommendation

4.1 Having considered the Commission’s report on the provisional suspension from office of Mr MJ Kgomo , the Committee concurs with the Minister’s decision and recommends that the National Council of Provinces confirm the provisional suspension.

Report to be considered.