ATC121129: Report of the Select Committee on Security and Constitutional Development on the Suspension from Office of Magistrate M Tyulu and Withholding of Remuneration for Magistrate M Tyulu, dated 28 November 2012.

Report of the Select Committee on Security and Constitutional Development on the Suspension from Office of Magistrate M Tyulu and Withholding of Remuneration for Magistrate M Tyulu , dated 28 November 2012.

Introduction

The Select Committee on Security and Constitutional Development, having considered the report on the suspension from office on the grounds of misconduct of Magistrate M Tyulu an additional magistrate at Cape Town, tabled in terms of section 13(4 )( b) of the Magistrates Act, No 90 of 1993 and having considered the report dated 30 July 2012 on the withholding of remuneration of Magistrate M Tyulu , reports as follows:

Background

1. Mr Tyulu had been charged with, and after the conclusion of the misconduct inquiry, found guilty of sexual harassment involving a female accused who appeared before him in a pending criminal case at the Cape Town Magistrates’ Office.

2. The Presiding Officer noted that Mr Tyulu had previously been found guilty on four counts of misconduct and of trying to borrow money from a member of the public who was waiting for a domestic violence hearing and that he was severely reprimanded at the time. On 17 October 2011, the Presiding Officer recommended that Mr Tyulu be removed from office.

3. In November 2011, the Magistrates Commission received representations in mitigation from Mr Tyulu’s representative. The Presiding Officer elected not to forward any additional reasons for his recommendation to the Magistrates Commission.

4. On 25 February 2012, the Executive Committee of the Commission considered the Presiding Officer’s findings and recommendation, as well as the representations received on Mr Tyulu’s behalf and resolved to support the recommendation of the Presiding Officer for Mr Tyulu’s removal from office. It is of the view that Mr Tyulu’s conduct is so serious that it renders him unfit to hold the office of Magistrate and justifies his removal from office.

5. The Minister of Justice and Constitutional Development, having considered the Magistrate Commission’s recommendation to suspend Mr Tyulu from office, confirmed Mr Tyulu’s suspension from office.

6. Mr Tyulu was given an opportunity to show why his remuneration should not be withheld. The Commission considered the representations made but determined to withhold his remuneration. The Commission is of the view that the withholding of Mr Tyulu’s remuneration is justified, pending the consideration by Parliament of a recommendation to remove him from office. There seems to be no reason why a magistrate on suspension, who is not fit to hold office and who is being removed from office for that reason, should be remunerated for the period during which he is suspended prior to his removal.

Recommendation

Having considered the Commission’s reports on the suspension from office and on the withholding of Mr M Tyulu’s salary, the Committee recommends that the National Council of Provinces confirms his suspension from office as a Magistrate and confirms the withholding of Mr Tyulu’s salary.

Report to be considered.