ATC111026: Report Progress reports on provisional suspensions from office of Regional Magistrate T R Rambau, Magistrate C M Dumani, Graaff- Reinet; Magistrate D Jacobs, Clocolan; Magistrate L B Maruwa, Daveyton; Magistrate M T Masinga, Umlazi; Magistrate I W O M Morake, Lichtenburg; and Magistrate L Skrenya, Cala tabled to Parliament on 24 February 2011 and 29 June 2011

NCOP Security and Justice

Report of the Select Committee on Security and Constitutional Development on the progress reports on the provisional suspensions from office of Regional Magistrate T R Rambau, Magistrate C MDumani, Graaff- Reinet; Magistrate D Jacobs, Clocolan; Magistrate L B Maruwa, Daveyton; Magistrate M T Masinga, Umlazi; Magistrate I W O M Morake, Lichtenburg; and Magistrate L Skrenya, Calatabled to Parliament on 24 February 2011 and 29 June 2011dated 26 October 2011.

 

The Committee notes the contents of the reports and reports further as follows:

 

 

Introduction

 

The Select Committee on Security and Constitutional Development, having considered the reports on progress made in respect of enquiries against magistrates who have been provisionally suspended from office,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. Members were concerned that, in many instances, the misconduct enquiry was postponed at the request of the defendant to await the outcome of the criminal case pending against the defendant. The Committee further noted the following with concern:

1.1    Magistrate Maruwa had his first appearance on 11 counts of fraud on 24 August 2007, yet he was only provisionally suspended on 3 February 2010; 

1.2    Magistrate Masinga was arrested for assaulting his wife with an axe on 19 March 2009, yet his provisional suspension only occurred on 30 March 2010; 

1.3    Magistrate Morake appeared in court on three counts of theft on 13 July 2007, yet he was only provisionally suspended on 4 November 2010;

1.4    Magistrate Rambau was arrested on 5 February 2010 on charges of corruption, yet he was only provisionally suspended on 4 November 2010; and

1.5    Magistrate Skrenya was provisionally suspended in November 2010, yet the decision to prosecute him was only taken on 5 August 2009.

 

The Committee recommended that the Magistrates Commission should in future commence with its misconduct enquiry regardless of the pending criminal case against a magistrate. Evidence compiled against a magistrate is sufficient motivation to proceed with a misconduct enquiry.

 

2         The Committee noted with concern that Magistrate Masinga is represented by a Public Service trade union, despite the fact that magistrates are public office-bearers. The Committee recommends that the Magistrate Commission rectify this matter and prevent this from occurring in future.

 

 

Conclusion

The Select Committee on Security and Constitutional Development, having considered the progress reports on the provisional suspensions from office of Regional Magistrate T R Rambau, Polokwane; Magistrate C MDumani, Graaff- Reinet; Magistrate D Jacobs, Clocolan; Magistrate L B Maruwa, Daveyton; Magistrate M T Masinga, Umlazi; Magistrate I W O M Morake, Lichtenburg; and Magistrate L Skrenya Cala tabled to Parliament on 24 February 2011 and 29 June 2011, dated 26 October 2011 notes their contents and will await further progress reports to conclude the matters.

 

 

Report to be considered

 

 

 

 

 

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