ATC240228: Report of Portfolio Committee On Justice and Correctional Services on the Suspension from Office of Mr Hc Raath, Additional Magistrate, Oberholzer, on the Ground Of Misconduct in terms of Section 13(4)(A)(I) 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 Suspension from Office of Mr Hc Raath, Additional Magistrate, Oberholzer, on the Ground Of Misconduct in terms of Section 13(4)(A)(I) 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 Minister of Justice and Correctional Services’ report, dated 23 November 2023, tabled in terms of section 13(4)(b) of the Magistrates Act, 1993 (Act No 90 of 1993), on the suspension from office with immediate effect of Mr HC Raath, Additional Magistrate, Oberholzer, on the ground of misconduct, reports as follows:

 

1. The Magistrates Commission (“the Commission”) received several complaints on different occasions relating to Mr Raath’s conduct:
   
   1.1. There were complaints from individuals that Mr Raath had approached them to invest money in a property development in the Ivory Coast. The complainants were then introduced to Mr Raaths’s brother-in-law as a potential investor. At the time, Mr Raath was acting as the Head of Court at Oberholzer. The complainants were aware that Mr Raath is a magistrate and, trusting him, invested large amounts of money in the scheme. Subsequently, it was found that there is no such development.
   
   1.2 Also, Mr Raath signed a memorandum of understanding a Company as creditor with and he and his brother-in law as debtors. Certain properties were given as surety. However, Mr Raath knew that the properties did not belong to him or his brother-in-law when he signed the document.
   
   1.3. Further, Mr Morake, a prosecutor at Oberholzer, filed complaints against Mr Raath, alleging that he had on at least two occasions referred to him using offensive and derogatory language.
2. The Commission viewed the complaints against Mr Raath in a very serious light and resolved to conduct a preliminary investigation in terms of Regulation 26(1) of the Regulations for Judicial Officers in the Lower Courts, 1993.
3. The Commission charged Mr Raath with six counts of misconduct and the charge sheet was served on Mr Raath on 23 July 2018.
4. The misconduct inquiry commenced on 17 March 2021 and concluded on 29 November 2021. Mr Raath was found guilty of all six charges of misconduct and the Presiding Officer recommended that Mr Raath be removed from office.
5. The Commission supported the recommendation of removal on the ground of misconduct. However, regarding the matter of sanction, a minority of members believed that Mr Raath should not be removed from office and recommended that the Commission impose a lesser sanction. These members were invited to submit reasons but did not respond.
6. On 14 September 2023, the Commission informed the Minister of Justice and Correctional Services (“the Minister”) of its decision to recommend the suspension of Mr Raath, pending a resolution from Parliament and his removal from office on grounds of misconduct.
7. On 23 November 2023, the Minister suspended Mr Raath from office with immediate effect, pending Parliament’s decision whether or not to restore him to office, and tabled his report in Parliament in terms of section 13(4)(b) of the Magistrates Act, 1993. The matter was subsequently referred to the Committee for consideration and report on 29 November 2023.
8. In its deliberations, the Committee took note of the extraordinary length of time that this, and several similar matters referred to it, has taken to reach it. The Committee intends to meet with Commission to discuss the reason(s) for the delays before Parliament rises ahead of the forthcoming general election and will include this in its Legacy Report as an item for the next Parliament to consider.

 

Recommendation

9. Having considered the Minister’s Report, dated 23 November 2023, concerning the suspension from office of Mr HC Raath, Additional Magistrate, Oberholzer, on the ground of misconduct, the Committee recommends that the National Assembly resolve not to restore Mr HC Raath to office of Magistrate.

 

Report to be considered.