ATC180828: Report of the Portfolio Committee on Justice and Correctional Services on the withholding of remuneration of Ms V T Gqiba, a Chief Magistrate at East London, tabled in terms of section 13(4A)(b) of the Magistrates Act, 1993, dated 28 August 2018

Justice and Correctional Services

Report of the Portfolio Committee on Justice and Correctional Services on the withholding of remuneration of Ms V T Gqiba, a Chief Magistrate at East London, tabled in terms of section 13(4A)(b) of the Magistrates Act, 1993, dated 28 August 2018
 

The Portfolio Committee on Justice and Correctional Services, having considered the Magistrates Commission’s report dated 8 February 2018, as tabled by the Minister for Justice and Correctional Services, on the Commission’s determination to withhold the remuneration of Ms V T Gqiba, a Chief Magistrate at East London, reports as follows: 

 

1. Ms VT Gqiba is a Chief Magistrate in East London. The Commission resolved to charge her with several counts of misconduct. The Commission was of the view that Ms Gqiba failed to act with integrity and/or failed to act at all times in a manner which upheld and promoted the good name, dignity and esteem of the office of magistrate and the administration of justice.

 

1. On 25 November 2016, the Commission appointed a Regional Magistrate to preside at the hearing and a Magistrate to lead the evidence at the hearing in terms of Regulation 26(6) of the Regulations for Judicial Officers in the Lower Courts, 1994 (the Regulations).

 

1. A notice containing the allegations was served on Ms Gqiba. A pre-trial conference was held to limit the issues in dispute on 6 March 2017. The misconduct inquiry commenced at the on 25 April 2017.  

 

1. Having considered the evidence presented at the hearing/inquiry and having been addressed by both parties on the merits of the evidence presented to the tribunal, the Presiding Officer found Ms Gqiba guilty on both main counts of misconduct brought against her. 

 

1. At its meeting held on 25 August 2017, the Magistrates Commission resolved to recommend to the Minister that the recommendation of the Presiding Officer be accepted and that Ms Gqiba be removed from office on the grounds of misconduct. Her representations were not significant and relevant to the charges of misconduct levelled against her. The Commission was of the view that Ms Gqiba's conduct was so serious that it justified her removal from office. Her conduct displayed dishonesty, which put her integrity as a judicial officer in serious doubt and rendered her unfit to hold the office of Magistrate any longer.

 

1. Having considered the Commission’s report on the suspension from office of Ms VT Gqiba and the Minister’s request, the Committee recommended that the National Assembly not restore Ms VT Gqiba to office.

 

1. On 1 December 2017, Ms Gqiba 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, pending Parliament's resolution to either restore or not to restore her to office. On 28 November 2017, the National Council of Provinces considered the matter and resolved not to restore Ms Gqiba to office. On 29 May 2018, the National Assembly, having considered the report of the Portfolio Committee of Justice and Correctional Services, recommended Ms VT Gqiba should not be restored to office of magistrate.

 

Recommendation

The Portfolio Committee on Justice and Correctional Services, having considered the Minister’s report on the Magistrates Commission’s determination to withhold the remuneration of Ms V T Gqiba, recommends that the National Assembly confirm the determination.

 

Report to be considered.