ATC100526: Report Provisional Suspension from Office of Magistrate of Mr D Jacobs, a Magistrate at Clocolan, Free State

NCOP Security and Justice

Report of the Select Committee on Security and Constitutional Development on the Provisional Suspension from Office of Magistrate of Mr D Jacobs, a Magistrate at Clocolan, Free State, dated 26 May 2010

 

Introduction

 

The Select Committee on Security and Constitutional Development having considered the report on the provisional suspension of Mr D Jacobs from the office of Magistrate, 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 D Jacobs on 19 May 2010.

 

2.                   An investigation instituted by the Ethics Division confirms that Mr Jacobs suffers from severe alcohol dependency resulting in him not adhering to office hours, absenting himself from office without leave or valid cause and being intoxicated on the bench to such an extent that he is unable to perform his judicial functions effectively and efficiently.

 

3.                   The Chief Magistrate, Bloemfontein, did everything to assist Mr Jacobs. He has been sent twice to a rehabilitation centre, but relapsed after the first process and defaulted during the second process.

 

4.                   Discussions between Mr Jacobs and two Judicial Quality Assurance Magistrates from the Magistrates Commission on 25 November 2009 and a subsequent visit to his office on 13 January 2010 yielded no positive changes in his behaviour.

 

5.                   On 13 January 2010 the Ethics Committee of the Magistrates Commission requested Mr Jacobs to show cause why the Commission should not recommend that he be provisionally suspended from duty pending an investigation into his fitness to hold the office of Magistrate. At its meeting held on 25 February 2010 the Commission considered Mr Jacobs’ response and recommended that Mr Jacobs be provisionally suspended from office in terms of section 13(3)(a) of the Magistrates Act, 1993.

 

6.                   The Magistrates Commission considered the following matters:

a.       The Commission is of the view that the existing evidence against Mr Jacobs 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.

b.       Mr Jacobs has been admitted twice for rehabilitation.

c.       He was during the past 3-5 years advised on many occasions by his colleagues to seek professional help.

d.       Discussions held with him as recently as January 2010 appeared not to yield any results.

e.       In disciplinary matters of a similar nature, the Commission resolved to recommend that the magistrate be provisionally suspended from office.

f.         The existing evidence against Mr Jacobs 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.

g.       He is at present an embarrassment to the Judiciary, especially at Clocolan. A temporary placement at another office, as proposed by him, would not address the problem either.

 

7.                   The Select Committee raised the following concerns:

a.       Mr Jacobs’ behaviour was apparent for a number of years and it is an indictment on the Magistrates Commission that the problem persisted for more than 4 years to Mr Jacobs detriment, and that of the Magistrates Offices in Clocolan.

b.       The Magistrates Commission is requested to review the judgments rendered by Mr Jacobs during the period of his illness to determine the validity of the judgments rendered.

c.       The Select Committee requests a report on this process within 6 months after the adoption of this report by the National Council of Provinces.

 

Committee recommendation

 

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

 

Report to be considered.