Chairperson, hon members, it is common cause that Senior Magistrate Makamu had been convicted by the Johannesburg Regional Court of fraud and was on 21 June 2005 sentenced to a fine of R10 000 or, in default of payment, to six months imprisonment, all of which was suspended for four years on certain conditions. He has now launched an appeal. In our pursuance of a just and caring society, we have to respect the principles of the rule of law and judicial independence, which principles require us to allow magistrates and judges to exercise judicial authority without fear, favour or prejudice. Because of the authority the Constitution of our Republic vests in courts, all magistrates are expected to conduct themselves in a manner that signifies their commitment to the maintenance and protection of the dignity and integrity of the magistracy and judiciary in our constitutional democracy.
As South Africans continue to build a morally grounded society, public representatives must continue to show an abhorrence of any behaviour which undermines our constitutional democracy. Corruption and fraud in this case undermine our democracy because they constitute an obstacle to societal development and moral regeneration. Hence, we need to work tirelessly to eradicate all manifestations of corruption and fraud in all spheres of our government and levels of society.
Without any doubt, our confirmation of the suspension without remuneration of Magistrate Makamu in effect protects the dignity and integrity of our magistracy and judiciary, which must always remain untainted. In these circumstances, failure to confirm this suspension would communicate a message to the effect that Parliament has abdicated one of its responsibilities, that of ensuring that the dignity and integrity of the magistracy and judiciary in our country is kept as intact as possible.
Whilst on the face of it suspension and withholding of remuneration may sound excessively harsh in labour relations terms, the position changes in circumstances where a person has been convicted and the delay in his or her appeal against the conviction and sentence is of his or her own making, or caused by his or her unjustifiable acts of omission.
Indeed, the decision to suspend Magistrate Makamu in the circumstances is in accordance with justice, the rules of natural justice having been adequately complied with. May it please this honourable House to support the decision. I thank you, Chairperson. [Applause.]
Debate concluded.
Order! I shall now put the question in respect of the fourth order. The question is that the report be adopted. As the decision is dealt with in terms of section 65 of the Constitution, I shall first ascertain whether all delegation heads are present in the Chamber to cast their provinces' votes. Are all delegation heads present? They are.
In accordance with Rule 71, I shall now allow provinces the opportunity to make their declarations of vote, if they so wish.
We shall now proceed to the voting on the question. I shall do this in alphabetical order per province. Delegation heads must please indicate to the Chair whether they vote in favour, against or abstain from voting. Eastern Cape?
Eastern Cape Siyayixhasa. [Eastern Cape supports.]
Free State?
Free State re a dumela. [Free State supports.]
Gauteng?
Gauteng Siyayixhasa. [Gauteng supports.]
KwaZulu-Natal?
KwaZulu-Natal in favour.
Limpopo?
Limpopo ri khou tendelana. [Limpopo supports.]
Mpumalanga?
Mpumalanga supports.
Northern Cape?
Northern Cape supports.
North West?
North West ke ya rona. [North West supports.]
Western Cape?
Western Cape supports.
All provinces voted in favour. I therefore declare the report adopted in terms of section 65 of the Constitution.
Report accordingly adopted in accordance with section 65 of the Constitution.
Allow me to acknowledge the presence of the Deputy Minister of Health, but, unfortunately, I think it is towards the end of our business.