ATC101102: Report Suspension from office & withholding of remuneration for Mr D Jacobs, Magistrate at Clocolan, Free State

NCOP Security and Justice

Report of the Select Committee on Security and Constitutional Development on the suspension from office and the withholding of remuneration for Mr D Jacobs, Magistrate at Clocolan, Free State, dated 2 November 2010:

 

Introduction

 

The Select Committee on Security and Constitutional Development, having considered the report on the suspension from office and the withholding of remuneration 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.                   Mr Jacobs was charged with 12 counts of misconduct in terms of Regulation 26 of the Regulations for Judicial Officers in Lower Courts, 1994 (the Regulations).   He denied all the allegations against him but was prepared to make certain admissions. The inquiry commenced on 6 August 2010, continued on 22 September 2010, 6 and 7 December 2010 and was concluded on 18 April 2011.  Mr Jacobs was legally represented throughout the inquiry.

 

Recommendation to suspend magistrate from office

 

1                    The inquiry commenced in terms of Regulation 26 of the Regulations but was, by mutual agreement between the parties, terminated, as reports by Mr Jacobs’ Clinical Psychologist had been handed in, and, after he testified at the inquiry on the contents thereof, the evidence indicated Mr Jacobs’ incapacity to carry out his duties efficiently.

 

The Clinical Psychologist testified that:

a)                   Mr Jacobs suffers from post-traumatic stress disorder;

b)                   the disorder was untreated/neglected, which resulted in, amongst others, Mr Jacobs’ alcohol abuse;

c)                   he is of the opinion that brain damage/brain atrophy was caused by Mr Jacobs’ abuse of alcohol, which is incurable and which could present the following characteristics:

 

(i)                   inconsequent behaviour

(ii)                 judgment varying from day to day

(iii)                a lack of insight

 

d)                   Mr Jacobs’ memory has been affected;

e)                   he is of the opinion that Mr Jacobs does not have the capacity to carry out the duties of office of magistrate any longer; and

f)                     Mr Jacobs needs to be examined by a neurologist and a neuropsychologist to give expert evidence in respect of the factual brain damage and the cause thereof.

 

2.                   At its meetings held on 21 and 22 July 2011 the Magistrates Commission considered the contents of the documents as required by Regulation 28(3)(a) of the Regulations. Based on the evidence placed before the investigating officer at the investigation into Mr Jacobs’ capacity to carry out his duties of office efficiently, and the latter’s findings and reasons for them, the Commission resolved, in terms of section 13(4)(a)iii) of the Act, read with Regulation 28(3)(b) of the Regulations, to recommend to the Minister of Justice and Constitutional Development to remove Mr Jacobs from office on account of incapacity to carry out the duties of his office efficiently.

 

Recommendation to withhold remuneration of suspended magistrate

 

1.             The Magistrates Commission further recommended to the Minister to withhold the remuneration of Magistrate Jacobs.

 

2.                  The Minister concurred with the recommendation as there was no reason why a magistrate, on suspension, who is not fit to hold office, and is being removed from office for that reason, should continue to receive remuneration during the period he is suspended pending Parliament’s approval of his suspension.

 

Conclusion

The Select Committee on Security and Constitutional Development, having considered the report on the suspension from office of Magistrate Mr D Jacobs, reports that it concurs with the Minister of Justice and Constitutional Development and recommends that Mr D Jacobs be removed from office and that his remuneration be withheld.

 

 

Report to be considered.

 

Documents

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