ATC101110: 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 progress report on the provisional suspension from Office of Magistrate L B Maruwa, dated 10 November 2010




The Select Committee on Security and Constitutional Development, having considered the progress report on the provisional suspension from office of a 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 the Magistrates Act, 1993 (Act no 90 of 1993), reports as follows:




  1. Mr Maruwa appeared on 24 August 2007 before the Springs Regional Court on eleven counts of fraud.  On 29 September 2009, Mr Maruwa was convicted of fraud on all eleven counts.    


  1. 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 on the charge sheet.


  1. The Springs Regional Court, on 09 November 2009, sentenced Mr Maruwa to a fine of R5 000.00 or 12 months imprisonment.  Mr Maruwa paid the fine.  He appealed against his criminal conviction and sentence.  A date for the appeal to be heard has not yet been determined.


  1. On 11 December 2009 the Commission charged Mr Maruwa of eleven counts of misconduct and served a notice, in terms of section 13(3)(e), containing the allegations against him, on 05 March 2010.


  1. The Minister, on the advice of the Magistrates Commission, provisionally suspended Mr Maruwa from office with effect from 03 February 2010. The suspension was confirmed by both Houses of Parliament on 1 and 4 June 2010 respectively.


  1. The misconduct inquiry commenced on 04 June 2010 and was postponed sine die at the request of the defence, pending the outcome of the criminal matter on appeal.



The Select Committee on Security and Constitutional Development, having considered the progress report on the provisional suspension from office of magistrate Mr L B Maruwa reports that it will await the recommendation from the Minister for Justice and Constitutional Development before concluding the matter.



Report to be considered.


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