ATC101110: Report Provisional Suspension from Office of Magistrate D Jacobs

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 D Jacobs, 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 D Jacobs, a magistrate at Clocolan, Free State, 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. The Minister, on the advice of the Magistrates Commission, provisionally suspended Mr Jacobs from office with effect from 30 March 2010. The suspension was confirmed by both Houses of Parliament on 1 and 4 June 2010 respectively.

 

1. On 25 May 2010 the Magistrates Commission charged Mr Jacobs with ten counts of mis­conduct and served a notice containing the allegations against him on 27 May 2010 in terms of section 13(3)(e) of the Act.    

 

1. The Magistrates Commission was informed that, whilst being provi­sio­nally suspended from office, Mr Jacobs on 16 July 2010 was arrested and appeared before the Clocolan District Court on a charge of driving a vehicle under the influence of liquor.  He appeared in court on 19 July 2010.  The Commis­sion investigated these allegations and intends to add further charges of miscon­duct against Mr Jacobs. 

 

1. The misconduct inquiry against Mr Jacobs commenced on 06 August 2010 and was postponed at his request to 22 and 23 Sep­tember 2010, to enable him to instruct counsel.

 

Conclusion

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

 

Report to be considered