ATC101123: Report Provisional suspension from office of Magistrate F R Rambau
Report of the Select Committee on Security and Constitutional Development on the provisional suspension from office of Magistrate F R Rambau, dated 23 November 2010:
The Select Committee on Security and Constitutional Development, having considered the report on the provisional suspension from office of a magistrate, Mr F R Rambau, a regional magistrate at Polokwane, 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. The Regional Court President of the Limpopo Province informed the Magistrates Commission, on 8 February 2010, that Regional Magistrate Rambau together with the prosecutor and an attorney, was arrested for corruption on 5 February 2010.
2. It is alleged that Mr Rambau, the prosecutor and the attorney together arranged the outcome of the trial by pre-determining the sentence for financial reward.
3. Mr Rambau and his two co-accused appeared in the Musina District Court on 8 February 2010 on charges of corruption. They were released on R10 000 bail each. Mr Rambau was further prohibited from entering or visiting any Magistrates Office in the Thohoyandou Cluster.
4. The Regional Court President requested the Magistrates Commission to provisionally suspend Mr Rambau from office.
5. On 8 February 2010, the Ethics Division of the Magistrates Commission informed Mr Rambau in writing that the Commission was contemplating recommending that he be provisionally suspended from office, 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.
6. The Magistrates Commission considered Mr Rambau’s response and at its meeting held on 26 August 2010, resolved to advise the Minister to provisionally suspend Mr Rambau from office in terms of section 13(3)(a) of the Act.
7. The Commission was of the view that the charges against Mr Rambau were of such a serious nature as to make it inappropriate for him to continue to perform the functions of a Magistrate while the allegations were being investigated.
8. The Commission is of the view that the alleged conduct by Mr Rambau is of such a serious nature that it would justify his removal from office if he were found guilty of the misconduct charges against him.
The Select Committee on Security and Constitutional Development, having considered the report on the provisional suspension from office of Magistrate F R Rambau, recommends that the National Council of Provinces confirms the provisional suspension from the office of Magistrate F R Rambau.
Report to be considered
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