ATC180828: Report of the Portfolio Committee on Justice and Correctional Services on the withholding of remuneration of Mr M J Kgomo, an Additional Magistrate, Randburg, in terms of section 13(4A)(b) of the Magistrates Act, 1993 (Act No 90 of 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 Mr M J Kgomo, an Additional Magistrate, Randburg, in terms of section 13(4A)(b) of the Magistrates Act, 1993 (Act No 90 of 1993), dated 28 August 2018

 

The Portfolio Committee on Justice and Correctional Services, having considered the Minister’s report dated 21 November 2017 informing Parliament of the Magistrates Commission’s determination to withhold the remuneration of Mr M J Kgomo, an Additional Magistrate at Randburg, in terms of section 13(4A)(b) of the Magistrates Act, 1993 (Act No. 90 of 1993), reports as follows:

 

1. Mr Kgomo was provisionally suspended from office in terms of section 13(3)(a) of the Act with effect from 18 February 2014. Parliament approved the provisional suspension in 2014.

 

1. Mr Kgomo is an additional Magistrate at Randburg and was appointed to the lower court bench in July 2000. He was arrested on 5 December 2013 and appeared in the Randburg Regional Court the following day on a charge of corruption.

 

1. On 9 December 2013, the court granted Mr Kgomo bail to the amount of R30 000. The criminal case was postponed on several occasions for various reasons. The criminal trial commenced on 16 February 2015 and proceeded for the entire week. After lengthy delays, the Regional Court convicted Mr Kgomo on two (2) counts of corruption on 23 October 2017 and postponed the matter to 7 and 8 February 2018 for sentencing. 

 

1. The Magistrates Commission charged Mr Kgomo with misconduct. A charge sheet dated 11 April 2014 was duly served on him. The National Prosecuting Authority (NPA) requested the Commission not to commence with its disciplinary hearing/inquiry against Mr Kgomo, since it was of the view that it would prejudice the State's criminal case against him. The Commission noted that the criminal case was complex and very sensitive and resolved to keep the disciplinary hearing against Mr Kgomo in abeyance, pending the progress made in the criminal case.

 

1. Mr Kgomo is on provisional suspension since 18 February 2014. The misconduct inquiry against him has been kept in abeyance pending the progress made in the criminal matter. Mr Kgomo has now been convicted on two counts of corruption. He has been provisionally suspended from office for almost four years and with full remuneration.

 

1. The Commission holds the view that the mere fact that he has been convicted on two counts of corruption justifies the withholding of his remuneration, pending the finalisation of the misconduct inquiry against him.

 

1. On 27 October 2017, Mr Kgomo was invited to show cause why the Commission should not determine to withhold his remuneration. Mr Kgomo failed to respond within the time limits to this invitation. The Commission nevertheless considered his representations dated 9 November 2017, which were filed out of time.

 

1. Having regard to the fact that it is evident that Mr Kgomo is deliberately delaying the continuation of the disciplinary process against him and the serious nature of his criminal conviction, the Commission determined to withhold Mr Kgomo's remuneration in terms of Section 13(4A)(a) of the Act, pending the conclusion of the disciplinary inquiry against him, with immediate effect.

 

Recommendation

The Committee, having considered the Minister’s report on the Magistrates Commission’s determination to withhold Mr M J Kgomo’s remuneration in terms of Section 13(4A)(b) of the Magistrates Act, 1993 (Act No 90 of 1993), recommends that the National Assembly confirm the determination.

 

 

Report to be considered.