ATC111116: Report withholding of remuneration for Magistrate Mr L B Maruwa an additional Magistrate at Daveyton District Court, Gauteng

NCOP Security and Justice

Report of the Select Committee on Security and Constitutional Development on the withholding of remuneration for Magistrate Mr L B Maruwa an additional Magistrate at Daveyton District Court, Gauteng, dated 16 November 2011:

 

Introduction

 

The Select Committee on Security and Constitutional Development, having considered the report on the withholding of remuneration of a magistrate, Mr L B Maruwa, an additional Magistrate at Daveyton District Court, Gauteng, 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 Maruwa appeared on 24 August 2007 before the Springs Regional Court on eleven counts of fraud.  On 29 September 2009, Mr Maruwa was convicted of fraud on all eleven counts.    

 

  1. The conviction of Mr Maruwa flowed from the fact that, while presiding over a case involving a traffic offence, allegedly committed fraud by endorsing the court records to wrongly reflect: 

 

2.1.        that the court wherein he presided, was properly constituted in that the prosecutor in his capacity as a prosecutor was present;

2.2.        that the prosecutor put charges to the accused who had committed the traffic offence;

2.3.        that the prosecutor had no address on the merits;

2.4.        that the prosecutor proved no previous convictions; and

2.5.        that the prosecutor had the opportunity to take part in the subsequent enquiries in terms of section 170(1) of Act 51 of 1977 for the failure of the accused to appear in court in the listed traffic offences reflected on the charge sheet.

 

  1. The Springs Regional Court, on 09 November 2009, sentenced Mr Maruwa to a fine of R5 000.00 or 12 months imprisonment.  Mr Maruwa paid the fine.  He appealed against his criminal conviction and sentence.  The appeal was considered on 29 July 2011.

 

  1. On 11 December 2009 the Commission charged Mr Maruwa of eleven counts of misconduct and served a notice, in terms of section 13(3)(e), containing the allegations against him, on 05 March 2010.

 

  1. The Minister, on the advice of the Magistrates Commission, provisionally suspended Mr Maruwa from office with effect from 03 February 2010. The suspension was confirmed by both Houses of Parliament on 1 and 4 June 2010 respectively.

 

  1. The misconduct inquiry commenced on 04 June 2010 and was postponed sine die at the request of the defence, pending the outcome of the criminal matter on appeal.

 

  1. Mr Maruwa appealed to the South Gauteng High Court against his criminal conviction and sentence. The judges on appeal referred the appeal to the full bench of the North Gauteng High Court, Pretoria, which, on 29 July 2011, dismissed Mr Maruwa’s appeal against his conviction.

 

 

Recommendation to withhold remuneration of provisionally suspended magistrate

 

1.                   Mr Maruwa has currently been on suspension since 3 February 2010 with remuneration.

 

2.                   Mr Maruwa’s criminal conviction of 11 counts of fraud was confirmed by the full bench of the North Gauteng High Court.

 

3.                   The Magistrates Commission requested Mr Maruwa to show cause why the Commission should not determine to withhold his remuneration.

 

4.                   The Minister concurred with the recommendation to withhold remuneration, in terms of section 13(4A)(a) of the Magistrates Act, as there was no reason why a magistrate who is on provisional suspension, and who has been convicted of a serious offence by a Court of Law, should continue to receive remuneration during the period he is provisionally suspended from office pending the outcome of the misconduct enquiry against him.

 

 

Conclusion

The Select Committee on Security and Constitutional Development, having considered the report on the withholding of remuneration of magistrate Mr. L B Maruwa, an additional Magistrate at Daveyton District Court, Gauteng, reports that it concurs with the Minister of Justice and Constitutional Development and recommends that remuneration be withheld from Mr L B Maruwa.

 

 

Report to be considered.

 

 

 

 

 

 

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