ATC090519: Report Provisional Suspension from Office of Magistrate L B Maruwa

NCOP Security and Justice

Report of the Select Committee on Security and Constitutional Development on the Provisional Suspension from Office of Magistrate L B Maruwa, dated 19 May 2010

 

Introduction

 

The Select Committee on Security and Constitutional Development, having considered evidence relating to the report on the provisional suspension from of Magistrate Mr L B Maruwa, an additional Magistrate at Daveyton District Court, Gauteng, tabled by the Minister for Justice and Constitutional Development in terms of section 13(3)(b) of the Magistrates Act, 1993 (Act no 90 of 1993), reports as follows:

 

Background

 

1.                   The Select Committee heard evidence from the representatives of the Magistrates Commission concerning the matter of the provisional suspension from office of Magistrate Mr L B Maruwa on 3 March 2010.

 

2.                   Mr Maruwa was appointed as Magistrate on 1 January 1995. Mr Maruwa appeared on 24 August 2007 before the Springs Regional Court on 11 counts of fraud. On 29 September 2009, Mr Maruwa was convicted of fraud on all eleven (11) counts.

 

3.                   The Conviction of Mr Maruwa flowed from the fact that while presiding over a case involving a traffic offence allegedly committed fraud by endorsing the court records to wrongly reflect: 

 

                                                                           i.      that the court wherein he presided, was properly constituted in that the prosecutor in his capacity as a prosecutor was present,

                                                                         ii.      that the prosecutor put charges to the accused who committed the traffic offence,

                                                                        iii.      that the prosecutor had no address on the merits,

                                                                        iv.      that the prosecutor proved no previous convictions, and

                                                                          v.      that the prosecutor had the opportunity to take part in the subsequent enquiries in terms of section 170(1) of Act 51 of 1977 for the failure of the accused to appear in court in the listed traffic offences reflected in the charge sheet.

 

4.                   The Springs Regional Court on 9 November 2009 sentenced Mr Maruwa to a fine of R5000, 00 or 12 months imprisonment. Mr Maruwa paid the fine.

 

5.                   The Ethics Committee of the Magistrates Commission, having considered the allegations and Mr Maruwa’s representations at its meeting held on 26 November 2009 resolved in terms of section 13(3)(a) of the Magistrates Act, 1993 to provisionally suspend Mr Maruwa from office with remuneration on the following grounds.

 

                                                                           i.      The allegations against Mr Maruwa are of such a serious nature that it would justify his removal from office, should he be found guilty of the misconduct charges against him.

                                                                         ii.      The conviction of fraud on eleven counts by a court of law are of such a serious nature as to make it inappropriate for him to perform the functions of a magistrate while the outcome of an investigation into his fitness to hold office is investigated. It is inappropriate for a judicial officer, convicted of fraud, to sit on the Bench. This undermines the dignity and image of the Bench.

 

Committee recommendation

 

The Select Committee on Security and Constitutional Development, having considered the report on the provisional suspension from office of Magistrate Mr L B Maruwa, recommends that the National Council of Provinces confirmsthe provisional suspension from office with remuneration as Magistrate of Mr L B Maruwa.

 

Report to be considered.