ATC101110: 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 progress report on the provisional suspension from Office of Magistrate M T Masinga, dated 10 November 2010

 

Introduction

 

The Select Committee on Security and Constitutional Development, having considered the progress report on the provisional suspension from office of a magistrate, Mr Masinga, an additional Magistrate at Emlazi, KwaZulu Natal,tabled by the Minister for Justice and Constitutional Development, in terms of the Magistrates Act, 1993 (Act no 90 of 1993), reports as follows:

 

Background

 

  1. 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, No. 116 of 1998.  It is alleged that he assaulted his wife with a blunt axe, and that he kicked her, hit her with open hands and threatened to kill her.  He also assaulted his daughters.

 

  1. The criminal proceedings were initially remanded to 14 April 2009.  Mr Masinga was granted bail of R1 000.00.  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.    

 

  1. The criminal case was postponed on various occasions at the request of the defence.  The matter stands postponed to 3 September 2010 for an application for the recusal of the presiding officer. 

 

  1. On 8 February 2010 the Magistrates Commission charged Mr Masinga with three counts of misconduct.  A notice in terms of section 13(3)(e), containing the allegations against him, was served on Mr Masinga.  The National Education Health and Allied Workers Union (NEHAWU) informed the Magistrates Commission in a letter received on 2 March 2010 that it acts on behalf of Mr Masinga. NEHAWU requested the Commission to com­mu­­nicate directly with them regarding the disciplinary matter. NEHAWU further informed the Commis­sion that they were in the process of considering the appoint­ment of a legal represen­tative for Mr Masinga.

 

  1. The misconduct inquiry had been set down to commence on 26 August 2010 and, barring any postponements, recommendations would thereafter be considered.

 

 

 

 

Conclusion

1.       The Select Committee on Security and Constitutional Development, having considered the progress report on the provisional suspension from office of magistrate Mr M T Masinga reports that it will await the conclusion of the misconduct inquiry and recommendation from the Minister for Justice and Constitutional Development before concluding the matter.

 

 

 

Report to be considered.

 

 

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