ATC240228: Report of Portfolio Committee on Justice and Correctional Services on the Provisional Suspension from Office of Ms R Govender, Magistrate, Lenyenye, Limpopo, tabled in terms of Section 13(3)(B) of the Magistrates Act, 1993 (Act No 90 of 1993), Dated 28 February 2024

Justice and Correctional Services

Report of Portfolio Committee on Justice and Correctional Services on the Provisional Suspension from Office of Ms R Govender, Magistrate, Lenyenye, Limpopo, tabled in terms of Section 13(3)(B) of the Magistrates Act, 1993 (Act No 90 of 1993), Dated 28 February 2024.

 

The Portfolio Committee on Justice and Correctional Services, having considered the report of the Minister of Justice and Correctional Services, dated 20 December 2023, tabled in terms of section 13(3)(b) of the Magistrates Act, 1993, regarding the provisional suspension from office of Ms R Govender on the ground of misconduct pending the outcome of a misconduct hearing into her fitness to hold the office of magistrate, reports as follows:

1. Ms R Govender was permanently appointed as a district court magistrate at the Lenyenye Magistrates Court on 1 February 2018.
2. The misconduct charges against Ms Govender stem from criminal case no. A81/2019 – The State versus Mongwe Victor Mangena, Special Review Case REV60/2020, in the High Court of South Africa, Limpopo Province, Polokwane [S v Mangena (A81/2019) [2021] ZALMPPHC 1; 2022 (1) SACR 102 (LP)], in which the presiding officer, Judge Kganyago, ruled that a copy of the judgement be forwarded to the Magistrates Commission (“the Commission”) for its attention.
3. According to the judgement, Ms Govender was dishonest, her behavior inappropriate and brought the name of the magistracy into disrepute.
4. The Commission resolved to charge Ms Govender with misconduct and, on 30 August 2023, served her with a charge sheet and a provisional letter of suspension dated 24 August 2023.
5. Ms Govender was charged with contravening, among others, the Magistrates Act, 1993 (Act No. 90 of 1993), the Regulations for Judicial Officers of the Lower Courts (R361 dated 11 March 1994) and the Code of Judicial Conduct for Magistrates (published in R41888 dated 7 September 2018) on the basis that she:

• Changed an accused’s plea of guilty to not guilty and acquitted an accused without a trial taking place.
• Wilfully and unlawfully provided false and/or incorrect statements to the reviewing Judges that “ “gave a picture that shows than on 9th September 2019  there was a full blown trial for the whole day, and thereafter the matter was postponed for judgement, but did not specify to which date was the matter postponed” when in truth and in fact Magistrate Govender knew or ought to have known that she acquitted the accused  without a trial taking place, to the prejudice of the administration of justice” ”.

 

6. The Commission invited Ms Govender to make representations as to why it should not recommend her provisional suspension from office but she did not address the issue of her possible suspension or the charges against her. In this regard, Ms Govender elected to remain silent.

7. In the circumstances, the Commission recommended that Ms Govender be provisionally suspended. The allegations against Ms Govender are of such a serious nature as to make it inappropriate for her to further perform the functions of a magistrate.

8. On 20 December 2023, on the advice of the Commission, the Minister decided to provisionally suspended Ms R Govender from office with immediate effect, pending the outcome of the misconduct hearing into her fitness to hold office, and tabled his report for consideration by Parliament in terms of section 13(3)(b) of the Magistrates Act, 1993.

 

Recommendation

9. Having considered the report of the Minister of Justice and Correctional Services, dated 20 December 2023 and tabled in terms of section 13(3)(b) of the Magistrates Act, 1993, on the provisional suspension of Ms R Govender from office on the ground of misconduct pending the outcome of a misconduct hearing into her fitness to hold the office of magistrate, the Committee recommends that the National Assembly confirm Ms R Govender’s provisional suspension from the office of Magistrate.

 

Report to be considered.