ATC180523: Report of the Select Committee on Security and Justice on the Provisional Suspension of Magistrate Ms F K Jasone-Twala, an Acting Additional Magistrate, George, in terms of section 13(4A)(b) of the Magistrates Act, 1993 (Act No 90 of 1993), dated 23 May 2018

NCOP Security and Justice

Report of the Select Committee on Security and Justice on the Provisional Suspension of Magistrate Ms F K Jasone-Twala, an Acting Additional Magistrate, George, in terms of section 13(4A)(b) of the Magistrates Act, 1993 (Act No 90 of 1993), dated 23 May 2018.
 

1. Introduction

The Select Committee on Security and Justice, having considered the Magistrates Commission’s report dated 21 November 2017, as tabled by the Minister for Justice and Correctional Service, on the provisional suspension from office of magistrate Ms F K Jasone-Twala, an Acting Additional Magistrate at George, pending the outcome of an investigation into her fitness to hold office as a magistrate, as required by section 13(3)(b) of the Magistrates Act, 90 of 1993, reports as follows:

1. Background

The Magistrates Commission deliberated the matter and reported the following:

1. Prima facie evidence exists that she suffers from alcohol dependency which has a continuous detrimental effect on her daily work performance as a judicial officer;
2. Ms Jasone-Twala is on probation since 2012 and that her probation period has been extended twice by the Commission's Appointments Committee;
3. Despite her having been admitted for rehabilitation on three different occasions during the period of her probation and having been counselled by her colleagues her conduct has a detrimental effect on the smooth running of the courts, since she would on numerous occasions, and without advising her Judicial Head of Office timeously, or not at all, not report for duty;
4. When she reports for duty, the possibility exists that she would be intoxicated and not be able to dispense justice in the cases on her court roll;
5. There is furthermore no substantial proof that she is currently receiving any medical and/or psychiatric treatment which adequately addresses her alcohol dependency, and
6. There seems to be a progressive deterioration in her conduct.

 

The available evidence against Ms Jasone-Twala is of such a serious nature as to make it inappropriate for her to perform the functions of a magistrate while the allegations are being investigated. Her conduct tarnishes the good name, dignity and esteem of the Office of Magistrate and the administration of justice.

 

That, without anticipating the outcome of the investigation into her fitness to hold the Office of Magistrate, the available evidence against Ms Jasone-Twala 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.

1. he Commission holds the view that it would be in the interest of the administration of justice that Ms Jasone-Twala be provisionally suspended from office pending the conclusion of the inquiry into her fitness to hold office. 

 

1. Magistrates Commission’s Determination to withhold remuneration

 

On 12 October 2017, Ms Jasone-Twala was, in compliance with the rules of   natural justice, invited to furnish the Commission with representations why the Commission should not recommend that she be provisionally suspended from office and why the Commission should not determine to withhold her remuneration. A copy of the correspondence in this regard and her representations dated 24 October 2017 are attached. 

 

Having considered Ms Jasone-Twala's response dated 24 October 2017, the Commission resolved to recommend that Ms Jasone-Twala be provisionally suspended from office in terms of Section 13(3)(a) of the Act, pending the investigation into her fitness to hold office.

The Commission holds the view that, without anticipating the outcome of the investigation into her fitness to hold the office of Magistrate, the existing evidence against Ms Jasone-Twala 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.

 

1. Legal position

In terms of Section 13(3)(a) of the Magistrates Act, 90 of 1993, the Minister, on the advice of the Magistrates Commission, may provisionally suspend a magistrate from office if-

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A report in which the provisional suspension and the reasons therefore are made known, must be tabled in Parliament by the Minister within 7 (seven) days of such suspension, if Parliament is then in session, or if Parliament is not then in session, within 7 (seven) days after the commencement of its next ensuing session (Section 13(3)(b) of the Act).

 

1. Committee recommendation to the NCOP for approval

The Select Committee on Security and Justice, having considered the Magistrates Commission’s report dated 21 November 2017, as tabled by the Minister for Justice and Correctional Services, on the provisional suspension from office of Ms F K Jasone-Twala, an Acting Additional Magistrate at George, pending the outcome of a misconduct hearing into her fitness to hold the office of magistrate, as is required by Section 13(3)(b) of the Magistrates Act, 90 of 1993, recommends the National Council of Provinces confirm Ms F K Jasone-Twala’s provisional suspension from the office of Magistrate.

 

 

Report to be considered.