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 E Ndamase, dated 21 May 2013:

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:

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 Pretoria , reports as follow s:

1. Background

1.1 On 9 October 2009 , the Magistrates Commission briefed the Select Committee on the Magistrates Commission’s 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 E Ndamase

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 Development’s 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 Magistrate’s Commission on the Presiding Officer’s 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 Magistrate’s Commission considered the Presiding Officer’s findings and recommendation as well as Ms Ndamase’s 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 Commission’s report on the suspension from office of Ms NE Ndamase , and the Minister’s 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 Ndamase’s 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 Ndamase’s 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 Commission’s report on the withholding of Ms Ndamase’s remuneration, the Committee recommends that the National Council of Provinces confirms that her remuneration be withheld.

Report to be considered.

Documents

No related documents