ATC170315: Report of the Select Committee on Security and Justice on the Provisional Suspension from Office of Ms S R Monaledi, Regional Court President, North West, dated 15 March 2017

NCOP Security and Justice

Report of the Select Committee on Security and Justice on the Provisional Suspension from Office of Ms S R Monaledi, Regional Court President, North West, dated 15 March 2017.
 

Introduction

 

The Select Committee on Security and Justice, having considered the report on the provisional suspension of a magistrate, Ms S R Monaledi, a Regional Court President, North West, tabled by the Minister for Justice and Correctional Services, in terms of the Magistrates Act, 1993 (Act No 90 of 1993), reports as follows:

 

Background

 

The Minister for Justice and Correctional Services (the Minister), on 1 December 2016, tabled a report in parliament on the provisional suspension of a magistrate, Ms S R Monaledi, for parliament’s approval in terms of Section 13(3)(c) and (d) of the Magistrates Act, 1993 (Act no 90 of 1993).

 

The Select Committee, on 8 March 2017, received a briefing from representatives of the Ethics Committee of the Magistrates Commission (the Commission). The Commission briefed the Select Committee on the particulars of the matter leading to the recommendation for the Minister to provisionally suspend magistrate Ms S R Monaledi pending the outcome of an investigation into her fitness to hold office as a magistrate, as required by section 13(3)(a) of the Magistrates Act, 90 of 1993.

 

Briefing by the Magistrates Commission

Ms Monaledi was appointed as a Regional Court President, North West on 02 June 2003.

On 5 March 2015, the Magistrates Commission received a letter alleging that Ms Monaledi had submitted excessive transport claims, that she was seldom in the office, performed no work in the Regional Court and was not available to meet with the public, prosecutors, attorneys and the clerical staff.

                                                                                               

The Magistrates Commission referred the matter to the Ethics Committee on 23 July 2015 for further investigation. The Ethics Committee resolved that a preliminary investigation in terms of Regulation 26(1) of the Regulations for Judicial Officers in the Lower Courts, 1994 (the Regulations) be conducted into the allegations.

 

On 1 October 2015, the Commission appointed two Senior Magistrates, in terms of the Regulations as Investigating Officers.

 

Preliminary Investigation        

Travel claims:

 

Despite various attempts to meet with her, she however elected not to do so and questioned the authority of the Investigating Officers to conduct the preliminary investigation. On 12 February 2016, the Ethics Committee informed Ms Monaledi that her claims on the authority of the Investigating Officers was baseless and that the Commission would not reconsider the authority of the Investigating Officers at this stage and that the law must take its normal course.

 

The Investigating Officers’ findings were as follows:

 

  1. Ms Monaledi serves on the Commission and is a member of the Ethics Committee and she ought to know that in terms of Regulation 26(1) the Commission may appoint a magistrate (rank not specified) or any appropriate qualified person as an investigating officer to conduct a preliminary investigation.

 

  1. Ms Monaledi is also a member of the South African Judicial Education Institute (SAJEI) and serves on various forums that necessitate that she travels on many occasions in and outside her area of jurisdiction.

 

  1. Due to Ms Monaledi’s non-cooperation the purpose of all her trips could not be established. The inference drawn is that some of these trips were not for official purposes.

 

  1. Ms Monaledi’s constant absence from her office is confirmed without any doubt in that during the past three years (2013 – October 2015) she spent an average of 71.49% of the available work days away from her office.  It is not sure whether or not she indeed was at her office on the other available court days (28.51%). Ms Monaledi does not render any court work in the regional courts.

       

  1. Ms Monaledi, it seems, created a second salary for herself by means of monthly subsistence and travel claims. During the past three years she claimed the following amounts:
    1. 2013                                                     R 281 477.35    
    2. 2014                                                     R 350 828.93    
    3. 2015                                                     R 321 532.28    

                                                                                    Total: R 953 838.56         

           

  1. The following discrepancies regarding the claims of Ms Monaledi were identified:
    1. Overpayments                           R80 956.79
    2. Fruitless expenses                                R15 034.52
    3. False claims: SAJEI                              R27 000.00
    4. False claims: Commission                     R93 000.00 (a)
    5.  
  2. In 41 instances she claimed to have attended meetings held by the Commission or one of its Committees whilst in fact no such meetings were held on the days she claimed they took place. 

 

  1. Ms Monaledi used two vehicles for official trips but she continuously      claimed that she travelled with the more expensive vehicle.

           

  1. Ms Monaledi constantly claimed that she left and arrived at her station at the same times claim after claim. This is not correct if compared with the incorrect and or false claims submitted while Ms Monaledi was abroad as well as with the recordings on the SANRAL system.

     

  1. Ms Monaledi, in contravention of section 15 of the Magistrates Act, No. 90 of 1993, is the incorporator and presently an active director of a private company BOITHA TOURS AND CONSTRUCTION. She is also the founding member and an active director of KWA-LITHO AGRICULTURAL.

 

  1. Ms Monaledi, when  travelling to the various courts in her region for official purposes and during official office hours, sold expensive clothes, apparently from Dubai, “from the boot” of her car.  She visited some of the regional magistrates to substantiate her travel claims.

 

  1. Ms Monaledi obtained a certificate of good standing from the Secretary of the Magistrates Commission in which it is indicated that there are no pending investigations against her despite the fact that she had been informed of the decision to conduct a preliminary investigation against her.  It was confirmed by the Office of the Chief Justice that this certificate of good standing was indeed used as motivation when she applied to be appointed as a Judge in the High Court.

 

  1. Ms Monaledi submitted false transport claims in that she claimed that she had departed and returned to her headquarters in Mmabatho while she in fact departed from and returned to her residence in Pretoria.

 

  1. There is more than sufficient evidence available to prove on a balance of probabilities that Ms S R Monaledi made herself guilty of misconduct.  There is also prima facie evidence that Ms Monaledi on numerous occasions submitted false subsistence, travel and transport claims and therefore committed fraud.

 

In a letter dated 28 September 2016, the Commission requested Ms Monaledi to show cause why the Commission should not recommend to the Minister that she be provisionally suspended from office pending the outcome of the investigation into her fitness to hold the Office of Magistrate. The letter was served on her on 18 October 2016. Despite a reminder having been sent to her on 12 November 2016, she has not furnished the Commission with any response.  

 

 

 

 

The Commission at its meeting held on 25 November 2016 deliberated the matter and held the following views:

 

  1. The available evidence against Ms Monaledi is of such a serious nature as to make it inappropriate for her to perform the functions of a magistrate or regional court president while the allegations are being investigated.
  2. Her conduct tarnishes the good name, dignity and esteem of the Office of Magistrate and the administration of justice.
  3. Without anticipating the outcome of the investigation into her fitness to hold the Office of Magistrate, the available evidence against Ms Monaledi is of such a serious nature that it would justify her removal from office, should she be found guilty of the misconduct charges which are preferred against her.
  4. The available evidence against Ms Monaledi justifies that she be criminally charged on numerous counts of fraud. 

 

Minister’s recommendation to provisionally suspend magistrate

In terms of section 13(3)(a) of the Magistrates Act, 90 of 1993, the Minister, on the advice of the Magistrates Commission, and noting the provisions of the Act followed by the Magistrates Commission, concurred with the Magistrates Commission to provisionally suspend the magistrate from office, pending the outcome of the investigation into her fitness to hold office.

 

Committee Recommendation

The Select Committee on Security and Justice, having considered the report on the provisional suspension from office of magistrate of Ms S R Monaledi, a Regional Court President, North West, tabled by the Minister for Justice and Correctional Services, in terms of the Magistrates Act, 1993 (Act No 90 of 1993), reports that it concurs with the Minister of Justice and Correctional Services and recommends that the National Council of Provinces confirms the provisional suspension from office pending the outcome of the investigation into her fitness to hold office.

 

 

Report to be considered

 

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