Hon Chairperson, we present to this House the cases of three magistrates. Firstly, the portfolio committee recommends to this House that the National Assembly confirms the suspension of Magistrate C M Dumani, whose suspension will effectively result in his removal from office.
Secondly, the portfolio committee further recommends that the National Assembly confirms the suspension of Magistrate L Myles, whose suspension also will effectively result in her removal from office.
Thirdly, the portfolio committee recommends that the National Assembly confirms that the remuneration of Magistrate L Ndamase be withheld from the date of her suspension.
Very briefly by way of background, Magistrate C M Dumani was found guilty on three charges of sexual harassment at a misconduct inquiry by the Magistrates Commission and his removal from office was recommended. Mr Dumani then sought to appeal this finding in the courts. Eventually the Supreme Court of Appeal dismissed his appeal with costs on 30 November 2012.
In the case of Magistrate L Myles, who is an additional magistrate in Upington, the Ethics Committee of the Magistrates Commission had ordered that there must be an investigation into Mrs Myles' capacity to carry out her duties of office on account of continued ill health. After investigating the matter, the Ethics Committee of the Magistrates Commission recommended that Magistrate Myles be removed from office on account of her continued ill health. When this matter was brought to the portfolio committee, we requested a legal opinion from state law advisers who stated that the commission's view that Magistrate Myles was incapable of carrying out her duties in an efficient manner due to continued ill health was justified.
In the case of Magistrate N Ndamase, who is an additional magistrate in Pretoria, she was found guilty of 11 charges of misconduct relating to insubordination, and indolent or negligent execution of duties, which resulted in the Magistrates Commission's finding that the conduct of which Ms Ndamase was guilty was of such a serious nature that she had to be removed from office. The National Assembly confirmed the removal of Magistrate Ndamase on 20 September 2012.
Therefore, the committee was asked to determine whether Magistrate Ndamase should be paid for that period during which she was suspended, prior to her removal from office. The portfolio committee concurs with the Magistrates Commission's determination that there is no reason why a magistrate on suspension should be paid for that period. Accordingly, the portfolio committee recommends that the National Assembly confirms that Magistrate Ndamase's remuneration be withheld.
Finally, we ask this House to adopt the three reports. Thank you.
There was no debate.
Chairperson, I move:
That the Reports be adopted.
Motion agreed to.
Report adopted and the suspension of Magistrate C M Dumani accordingly confirmed.
Report adopted and withholding of remuneration of Magistrate N E Ndamase accordingly confirmed.
Report adopted and suspension of Magistrate L Myles accordingly confirmed.