Premium content from before 2023 is now available for everyone!
  1. Committees
  2. National Council of Provinces
  3. NCOP Security and Justice
  4. Tabled Reports

ATC240424: Report of the Select Committee on Security and Justice on the confirmation of suspension/removal from office of Ms NB Dyeyi, Magistrate, Fauresmith, due to her continued ill-health in terms of section 13(4)(a)(ii) of the Magistrates Act, 1993 (Act 90 of 1993), and referred to the Committee on 16 April 2024, dated 24 April 2024

NCOP Security and Justice

Report of the Select Committee on Security and Justice on the confirmation of suspension/removal from office of Ms NB Dyeyi, Magistrate, Fauresmith, due to her continued ill-health in terms of section 13(4)(a)(ii) of the Magistrates Act, 1993 (Act 90 of 1993), and referred to the Committee on 16 April 2024, dated 24 April 2024.

 

The Select Committee on Security and Justice, having considered the Minister of Justice and Correctional Services’ report, dated 15 March 2024, on the removal from office of Ms NB Dyeyi, Magistrate, Fauresmith, due to her continued ill-health in terms of section 13(4)(a)(ii) of the Magistrates Act, 1993 (Act 90 of 1993), reports as follows:

 

  1. On 11 November 2022 the acting Chief Magistrate, Bloemfontein, reported to the Magistrates Commission (the Commission) that Ms Dyeyi on 06 February 2022 was involved in a motor vehicle collision wherein she sustained very serious injuries including a fractured arm and diffuse traumatic brain injury (TBI). She was immediately admitted to Mediclinic Bloemfontein, a month later transferred to Emoyamed Private Hospital for further management of her recovery by the GreyMil Rehabilitation Team where after she on 06 May 2022 was transferred to the Stirling Frail Care Centre where she was residing until her discharge early in November 2022. A Senior Magistrate at Bloemfontein was in frequent contact with Ms Dyeyi, morally supported her and assisted her in obtaining medical reports to inter alia cover her absence from office.

 

  1. The Commission was provided with the following progress reports relating to her ill-health, which were already in Ms Dyeyi's possession:
  1. a progress report from Dr HM Jacobs from the GreyMil Rehabilitation Team who oversaw her rehabilitation, dated 19 April 2022;
  2. an Occupational Therapy report from Van Heerden and Human Occupational Therapists dated 26 January 2023, subsequent to her admission to Optima Psychiatric Hospital;
  3. a Functional Capacity Evaluation Report from Ms P Van der Westhuizen, an Occupational Therapist from the GreyMil Rehabilitation Team, dated 17 February 2023;
  4. a medical certificate dated 28 August 2023 from Dr NNC Setlaba, a Psychiatrist;
  5. a report from Ms L Erasmus, a Speech-Language and Feeding Therapist from the GreyMil Rehabilitation Team, dated August 2023; and
  6. a second Functional Capacity Evaluation Report, dated 18 September 2023, from Ms P Van der Westhuizen, an Occupational Therapist from the GreyMil Rehabilitation Team.

 

  1. Having considered the fact that Ms Dyeyi was no longer fulfilling her obligations as judicial officer through her continued absenteeism from office, the resultant financial burden and the negative impact on court and case-flow management and the administration of justice in general, the Executive Committee of the Commission ("EXCO"), in terms of regulation 29(1) of the Regulations for Judicial Officers in Lower Courts, 1994 ("the Regulations"), ordered that an investigation be conducted regarding her possible removal from office on account of continued ill-health.

 

  1. Ms Dyeyi was, in compliance with regulation 29(2) of the Regulations, notified about this intended investigation in writing on 01 November 2023.

 

  1. She was, in compliance with regulation 29(3) of the Regulations, requested to submit any additional medical reports from a registered medical practitioner of her choice, to the Commission and furthermore afforded the opportunity in terms of the rules of administrative justice, to comment on the matter and to state a case in response with specific reference to whether her illness is not as serious as to justify her removal from office or to suggest alternatives thereto.

 

  1. Ms Dyeyi did not respond and did not submit any additional medical reports from any of the medical practitioners who treated her thus far.

 

  1. The Commission on 30 November 2023, in compliance of regulation 29(6)(a)(i) of the Regulations, provided her with a written exposition of its opinion that she does not have the capacity to carry out her duties of office in an efficient manner. Ms Dyeyi was afforded and opportunity to forward her written comments on the Commission's opinion to the Chairperson of the Commission. She did not respond.

 

  1. According to the latest medical reports dated 18 September 2023, the Occupational Therapists from the GreyMil Rehabilitation Team, having assessed Ms Dyeyi on 05 September 2023, concluded that, based on the assessment findings, "Ms Dyeyi does not meet the requirements of her current occupation". In his report dated 19 October 2023, Dr De Bruyn, a Neurosurgeon, indicates that after a clinical examination, he fully agrees with the Occupations Therapists' report and their recommendations.

 

  1. At its meeting held on 02 February 2024, EXCO, in compliance with regulation 29(7)(a) of the Regulations, considered the medical reports and formed the opinion that Ms Dyeyi should be removed from office due to continued ill-health, as contemplated in section 13(4)(a)(ii) of the Act read with regulation 29(7)(b) of the Regulations. EXCO, based on the findings contained in the medical reports, is of the opinion that it is clear that Ms Dyeyi does not have the capacity to carry out her duties of office in an efficient manner due to her continued ill-health and is therefore no longer fit and proper to hold the office of magistrate any longer.

 

  1. The Executive Committee of the Magistrates Commission therefore recommends to Parliament that Ms NB Dyeyi, the magistrate at Fauresmith, be removed from office due to her continued ill-health.

 

  1. If the Commission recommends that a magistrate be removed from office, inter alia on account of continued ill-health, the Minister must suspend that magistrate from office or, if the magistrate has been provisionally suspended from office, confirm the suspension. The Minister must table a report within fourteen (14) days of the suspension, if Parliament is in session, or, if Parliament is not in session, within fourteen (14) days after the commencement of its next ensuing session. Parliament must then, as soon as is reasonably possible, pass a resolution as to whether the restoration of office of the Magistrate so suspended is recommended. After a resolution has been passed by Parliament, the Minister shall restore the Magistrate concerned to office or remove them from office.

 

Recommendation

 

Having considered the Minister’s report, dated 15 March 2024, requesting that the National Council of Provinces confirm the removal from office of Ms NB Dyeyi, Magistrate, Fauresmith, due to her continued ill-health in terms of section 13(4)(a)(ii) of the Magistrates Act, 1993 (Act 90 of 1993), the Committee recommends that the National Council of Provinces resolve not to restore Ms NB Dyeyi to the office of Magistrate.

 

Report to be considered.

 

Documents

What's wrong with this page?