Hon Chairperson, hon Deputy President, on 29 September 2011, pending an investigation by the Magistrates Commission into his alleged misconduct, Regional Magistrate P S Hole was provisionally suspended. On 24 November 2011, this National Assembly approved his provisional suspension. On 25 November 2011, Magistrate Hole was formally charged by the commission.
Subsequent to his suspension, the Legal Aid Board of the Northern Cape and the Director of Public Prosecutions addressed a memorandum to the Magistrates Commission, requesting the lifting of Mr Hole's suspension in order that he can finalise all his partly heard matters.
Childline Northern Cape also brought an application before the High Court to have Mr Hole's suspension lifted to enable him to finalise his partly heard matters. Childline's application is pending before that court. Childline, Legal Aid South Africa and the National Prosecuting Authority made the point very strongly that Mr Hole's suspension is causing tremendous hardship for the victims, women and children involved in and directly affected by the partly heard matters.
There are 23 partly heard matters on Mr Hole's roll. Of the 23, 13 involve children aged between 7 and 17 years, and 2 matters involve elderly women who are severely traumatised and are in a very poor state of health. Expecting these traumatised and vulnerable individuals to appear before the court anew would be subjecting them to secondary trauma. Moreover, it would be difficult for some of them to recall the events of these cases as some of them occurred many years ago.
The Justice Portfolio Committee remains firmly of the view that the allegations against Mr Hole are extremely serious and his suspension is justified. However, the prejudice against victims in the partly heard cases outweighs the reasons for his suspension. Having seriously considered the hon Minister of Justice's request to lift Mr Hole's provisional suspension, the portfolio committee recommends that the National Assembly approves the lifting of his provisional suspension with the following conditions:
Firstly, that he only be assigned his partly heard matters, and a decision regarding the allocation of any new matters will be informed by the outcome and developments regarding the inquiry into his fitness to hold office that is currently under way. Secondly, as of now, the Magistrates Commission should also consider partly heard matters, which could start anew where this is necessary and desirable, having regard to possible prejudice to victims, children, women and any other person who had already testified.
Thirdly, that Mr Hole should not conduct himself in any manner that compromises the integrity of the judiciary or brings the administration of justice into disrepute.
Fourthly, that the Magistrates Commission provides the portfolio committee with progress reports on the cases before Mr Hole and whether he is abiding by these aforementioned conditions.
Finally, in future, the Magistrates Commission must consider partly heard matters before a magistrate when dealing with his or her suspension. We ask this House to approve this report. Thank you. [Applause.]
There was no debate.
Question put: That the recommendations of the Committee be adopted, including that the upliftment of the provisional suspension of Magistrate P S Hole be confirmed, subject to specified conditions.
Agreed to.
Upliftment of the provisional suspension of Magistrate P S Hole accordingly confirmed, subject to specified conditions as contained in the Report.