Chair, hon members, the Select Committee on Security and Constitutional Affairs met on 17 June 2008 to consider the report and recommendations of the Magistrates' Commission regarding the suspension of Magistrate S P Zwelibanzi, pending approval by Parliament. The report recommends that Magistrate Zwelibanzi be removed from office.
Mr Zwelibanzi, 50 years of age, served as a magistrate for 11 years. He was convicted of misconduct on two previous occasions for infringements that included unauthorised absence from office, failure to enter results in the register of the criminal trial and failure to answer reviewing judges' questions. He was cautioned on these matters. He was also convicted of driving while intoxicated, and he was suspended in this regard. Mr Zwelibanzi pleaded guilty to all of the above offences.
A disciplinary hearing was held, but Mr Zwelibanzi did not attend the scheduled hearing. The presiding officer was satisfied that all procedural requirements had been adhered to, and the hearing thus proceeded in his absence. [Interjections.]
Chairperson, on a point of order: The House needs clarification as to whether this is a suspension or a removal because it can't be both.
We will come to that, sir.
The hon member says he will give direction on this as he concludes.
Maybe I will suspend you, sir. Thanks. [Laughter.]
However, Mr Zwelibanzi later claimed that he was unable to attend the hearing as he had been in a psychiatric institution. The leader of evidence at the hearing informed the presiding officer that Mr Zwelibanzi was in hospital, but no further evidence was provided in this regard.
During deliberations, the Select Committee on Security and Constitutional Affairs considered whether Mr Zwelibanzi had been given enough opportunity to make representation prior to his dismissal, and whether the Magistrates' Commission had given due consideration to his alcohol dependency and the possibility of rehabilitation.
As there was a shortage of black magistrates, it was felt that the state should assist Mr Zwelibanzi in any way possible, and that dismissal should be the last resort. The committee also considered the fact that Mr Zwelibanzi had been in a psychiatric institution at the time of the hearing, and it was of the opinion that further investigation was necessary. The committee then ruled that a letter be served on Mr Zwelibanzi to afford him an opportunity to make representations as to why he should not be dismissed.
The Department of Justice and Constitutional Development reported back to the committee on 6 October 2008 regarding the outcome of the investigation. A letter had been served on Mr Zwelibanzi through his ex-wife. However, Mr Zwelibanzi did not respond to the letter and his whereabouts were still unknown. The Department of Justice and Constitutional Development confirmed that Mr Zwelibanzi was still receiving his full salary.
The Select Committee on Security and Constitutional Affairs is satisfied that all attempts have been made to trace Mr Zwelibanzi and that his failure to make representations after the letter had been served on him left us no option but to conclude that it would be in the interests of justice to remove Mr Zwelibanzi from office. The committee thus endorses the decision of the Magistrates' Commission that Mr Zwelibanzi be removed from office. Thank you, sir. [Applause.]
Debate concluded.
Question put: That the Report be adopted.
IN FAVOUR: Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape, North West, Western Cape.
Report accordingly adopted in accordance with section 65 of the Constitution.