ATC130522: Report of the Select Committee on Security and Constitutional Development on the provisional suspension from office of Magistrate FKS Ntuli, dated 21 May 2013
NCOP Security and Justice
Report of the Select Committee on Security
and Constitutional Development on the provisional suspension
from office of
Magistrate FKS
Ntuli
, dated 21 May 2013
The Select Committee on Security and Constitutional Development, having
considered the report of the Magistrates Commission on
the
provisional suspension from office of Mr FKS
Ntuli
,
an additional Magistrate at
Uitenhage
, pending the
outcome of an investigation into his fitness to hold office as a Magistrate, as
required by section 13(3) (b) of the Magistrates Act, 1993 (Act 90 of 1993),
reports as follow
s:
1.
Background:
1.1
The
Chief Magistrate of
1.2
Mr
Ntuli
was previously convicted of the same offence on
20 March 2008. He was subsequently charged with misconduct, found guilty, and
on 8 July 2009 strongly reprimanded by the Presiding Officer to refrain from
any similar misconduct in future.
2.
Provisional suspension:
2.1
In
order for the Commission to advise the Minister on Mr
Ntulis
provisional suspension from office pending the outcome of the investigation, Mr
Ntuli
was afforded an opportunity to comment on the
desirability of such provisional suspension.
2.2
At
its meeting, held on 29 and 30 November 2012, the Commission, having considered
Mr
Ntulis
response dated 18 September and 3 October
2012, resolved to recommend that Mr
Ntuli
be
provisionally suspended from office in terms of section 13(3)(a) of the Magistrate
Act 90 of 1993, pending the investigation into his fitness to hold office.
2.3
The
Commission is of the view that the existing evidence against Mr
Ntuli
is of such a serious nature as to make it inappropriate
for him to perform the functions of a magistrate while the allegations are
being investigated. It would be inappropriate for a judicial officer, who is
once more appearing as an accused before a court of law on a charge of drunken
driving, to continue to sit on the Bench.
3.
Recommendation
Having considered the Commissions report on the
provisional suspension from office of Mr FKS
Ntuli
and the Ministers request, the Committee
recommends that the National Council of Provinces confirms
the provisional suspension.
Report to be considered.
Documents
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