ATC100519: Report Provisional Suspension from Office of Magistrate M T Masinga

NCOP Security and Justice

Report of the Select Committee on Security and Constitutional Development on the Provisional Suspension from Office of Magistrate M T Masinga, 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 office of Magistrate Mr M T Masinga, an additional Magistrate at Emlazi, KwaZulu Natal, 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 M T Masinga on 3 March 2010.

 

2.                   The Chief Magistrate, Durban, in a letter dated 2 April 2009 reported that Mr Masinga on 19 March 2009 appeared in the Durban Magistrates Court on a charge of contravening section 17 (a), read with section 7 of the Domestic Violence Act (Act No 116 of 1998). It is alleged that he assaulted his wife with a blunt axe, that he kicked her, hit her with open hands and threatened to kill her. He also assaulted his daughters.

 

3.                   The criminal proceedings were initially remanded to 14 April 2009. Mr Masinga was granted bail of an amount of R1000.00. The criminal case was thereafter transferred to the Regional Court, Durban, where Mr Masinga appeared on additional charges of attempted murder and two counts of assault.

 

4.                   On 14 July 2009, the Ethics Committee of the Magistrates Commission informed Mr Masinga in writing that the Commission contemplates to recommend that he be provisionally suspended from office (with or without remuneration), pending the outcome of an investigation into his fitness to hold office. He was requested to show cause, in writing, why such a decision should not be taken.

 

5.                   At its meeting held on 26 November 2009, the Magistrates Commission considered the matter and resolved to recommend that Mr Masinga be provisionally suspended from office in terms of section 13(3) (a) of the Act.

 

6.                   The Commission is of the view that the existing evidence against Mr Masinga 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.

 

7.                   lt would be inappropriate for a judicial officer, appearing as an accused before a court of law on charges of attempted murder and assault to still sit on the Bench.

 

8.                   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 Masinga is of such a serious nature that it would justify his removal from office, should he be found guilty of the misconduct charges against him.

 

 

Committee recommendation

 

The Select Committee on Security and Constitutional Development, having considered the report on the provisional suspension from office of Magistrate M T Masinga, recommends that the National Council of Provinces confirms the provisional suspension from office of Magistrate of Mr M T Masinga.

 

Report to be considered.