ATC130522: Report of the Select Committee on Security and Constitutional Development on the withholding of the remuneration of Magistrate N E Ndamase, dated 21 May 2013:
NCOP Security and Justice
Report of
the Select Committee on Security and Constitutional Development on the
withholding of the remuneration of
Magistrate N
The Select Committee on Security and Constitutional Development, having
considered the report of the Magistrates Commission on the withholding of the
remuneration of Magistrate
N
Ndamase
,
an additional magistrate at
1.
Background
1.1
On
9 October 2009
, the
Magistrates Commission briefed the Select Committee on the Magistrates
Commissions decision, to charge Ms
Ndamase
with
misconduct in terms of Regulation 26(1) of the Regulations for Judicial
Officers in Lower Courts, 1994.
1.2
The
Magistrates Commission was of the opinion that there was enough prima facie
evidence to support the charges against her. There was also an ongoing process
to obtain further evidence.
2.
Provisional suspension of Magistrate N
2.1
The
Commission resolved to recommend that Ms
Ndamase
be
provisionally suspended, pending the outcome of the misconduct inquiry. The report
and supporting documents gave reasons for this recommendation.
2.2
The
Select Committee concurred with the Minister for Justice and Constitutional
Developments recommendation to provisionally suspend Ms NE
Ndamase
pending the outcome of the misconduct enquiry.
2.3
The
National Council of Provinces confirmed the provisional suspension on 17
November 2009.
3.
Outcome of misconduct enquiry
3.1
Ms
Ndamase
was charged with 42 counts of misconduct and found
guilty of 11 of those charges, eight with respect to her refusal to execute
lawful orders.
3.2
The charges of misconduct
against her consisted of the following:
i
9 counts in terms of regulation 25(c) of the Regulations for Judicial
Officers in the Lower Courts, 1994 which deal with the contravening of the Code
of Conduct for Magistrates in one way or the other, as set out in Schedule E of
the regulations,
ii
12 counts in terms of regulation 25(d), in that she was
negligent/indolent in the carrying out of her duties,
iii
2 counts in terms of regulation 25(h), in that she absented herself from
office or duty without leave or valid cause,
iv
19 counts in terms of regulation 25(j) in that she refused to execute
lawful orders.
3.3
The
Presiding Officer recommended that Ms
Ndamase
be
removed from office as a Magistrate.
3.4
Ms
Ndamase
was given the opportunity to make written
representations to the Magistrates Commission on the Presiding Officers
findings. The Commission received these representations on 14 May 2012. The
Presiding Officer gave additional reasons for his recommendation on 17 May
2012.
3.5
At its
meetings held on 20 and 21 July 2012, the Magistrates Commission considered
the Presiding Officers findings and recommendation as well as Ms
Ndamases
representations. The Commission was of the view
that the conduct for which Ms
Ndamase
was found
guilty was so serious that it justified her removal from office. The
Magistrates Commission accepted the recommendation of the Presiding Officer and
recommended to the Minister that Ms
Ndamase
be
removed from office.
4.
Consideration of suspension from office of Ms N E
Ndamase
4.1
The
Committee having considered the Commissions report on the suspension from
office of Ms NE
Ndamase
, and the Ministers request,
the Committee
recommended
that the National Council of Provinces confirms her removal from office as a
Magistrate.
4.2
The National Council of Provinces
confirmed Ms N E
Ndamases
removal from office on 19
February 2013.
5.
Consideration of determination to withhold remuneration of Ms N E
Ndamase
5.1
Ms
Ndamase
was invited to show cause why the Commission should not determine to withhold
her remuneration in terms of section 13(4A
)(
a) of the
Act. Having considered Ms
Ndamases
representations,
the Commission determined that there was no reason why a magistrate who was
found not fit to hold office and was recommended for removal from office for
that reason should be paid for the period which she is suspended prior to her
removal from office.
6.
Recommendation
Having considered the
Commissions report on the withholding of Ms
Ndamases
remuneration, the Committee recommends that the National Council of Provinces
confirms that her remuneration be withheld.
Report to be considered.
Documents
No related documents