Chairperson, Adv T V D Matyolo disappeared from his office. The department, through the Magistrates' Commission, followed all the processes in respect of making sure that he came and appeared before that relevant structure to answer as to why he was not going to work as stipulated in his contract. Unfortunately he did not do that. They followed him to his home but he was nowhere to be found.
Therefore, the commission, in accordance with its rights, recommended that this magistrate should be removed from office. They recommended that to the Minister. The Minister, in turn, because she can't remove him before asking for permission from yours truly, wrote a letter to him and my committee informing us they were removing the magistrate from office because he disappeared for more than eight months. During those eight months he was receiving his salary.
Because yours truly is so democratic, I wrote a letter to Matyolo to say that I couldn't remove him now but I wanted him to give us reasons why we couldn't remove him from office. Guess what? He didn't respond - for the whole month. Therefore, I accept the recommendation by the Minister and the committee, led by yours truly, that this Chamber, the august House, accepts the recommendations that Adv Matyolo be removed from office because he is irresponsible. I thank you. [Applause.]
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 the delegation heads are present in the Chamber to cast their province's votes. [Interjections.]
The Northern Cape is making a noise. Hon members, I don't have to mention your name. It is disgusting, I must say.
In accordance with Rule 71, I shall first allow provinces the opportunity to make their declarations of vote if they so wish. In the absence of any declarations, we shall now proceed to voting on the question. I shall do this in alphabetical order per province. Eastern Cape?
Elethu. [Supports.]
KwaZulu-Natal?
KwaZulu-Natal siyavuma. [KwaZulu-Natal, supports.]
Limpopo?
Ondersteun. [Supports.]
Mpumalanga?
Mpumalanga supports.
Northern Cape?
We have not been making a noise Chair but we are supporting. It is not disgusting.
Hon member, you are out of order. You cannot make that comment after I have made a ruling. Can I ask you to stand up and withdraw that?
I withdraw, Chair, but it was not disgusting.
Hon member, I will make a very harsh ruling against you; and you are a provincial Whip. Can you stand up and withdraw what you said.
I withdraw.
North West?
Elethu. [Supports.]
Western Cape?
Ondersteun. [Supports.]
All 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.