Chairperson, I am told that the hon Sogoni has led a process of sex change. All of us, together with the hon Sogoni, are now addressed with "Malibongwe", as if we were women. We have joined a group of women.
Chairperson, I am presenting to the House for it to take a decision, a decision about members of the Bench. I shall start with Magistrate M F Mathe.
The Minister for Justice and Constitutional Development, in terms of section 13(3)(b) and section 13(4A) of the Magistrates Act, Act 90 of 1993, presented a report to the committee. This report requests us to consider the fact that Mr Mathe has to be provisionally suspended as a magistrate, in terms of section 13(3)(c) of the Magistrates Act.
Secondly, the determination of the Magistrates Commission is to withhold Mr Mathe's remuneration in terms of section 13(4A) of the Magistrates Act. The question is: What did this gentleman do that we have to consider his suspension and the withholding of his remuneration?
Mr Mathe was convicted on 4 May 2007 of stealing R11 000 in cash, and we therefore asked the committee on 24 May 2007 to consider the matter. We request this House to support the views of the committee that the two points raised by the Minister and considered by the commission be supported by this House. That is what I am standing here to do. I request you to act in that way. We will do that in terms of section 13(4A)(c).
Thank you. [Applause.]
Debate concluded.
I shall now put the question. 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.
In accordance with Rule 71, I shall first allow provinces an opportunity to make their declarations of vote if they so wish. Is there any province that wants to make a declaration? We shall now proceed to the voting in alphabetical order.
IN FAVOUR: Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape, North West, Western Cape.
All nine provinces have 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.