About

Contact

Find my representatives

Find those who have been elected to represent you in government

Find those who have been elected to represent you in government

Use my location

Find representatives

Find by name

Find by committee

Search for MPs and MPLs

Legislatures

National Parliament

National Assembly

National Council of Provinces

Provincial Legislatures

Browse by province

Eastern Cape

Free State

Gauteng

Kwazulu-Natal

Limpopo

Mpumalanga

Northern Cape

North West

Western Cape

MP Performance

Follow the activities of representatives and hold them accountable

Follow the activities of representatives and hold them accountable

Activities & Performance

Questions to ministers

pmg external link icon

Parliamentary committees

pmg external link icon

MP Corner

Transparency

Attendance of meetings

Members' interests

Code of conduct

pmg external link icon

Civic Education

Learn more about governance in South Africa and your representatives

Learn more about governance in South Africa and your representatives

From our blog

Infographics

All articles

Understanding government

Central Tenets of Government

Structure of Government

How are laws made?

State Institutions Supporting Democracy

Take action

Find the actions you can take to participate in governance

Find the actions you can take to participate in governance

Have Your Say

Write to an MP

Write to a Committee

Get involved

Petitions

Visit Constituency Offices

Attending and observing parliament

Participating in calls for comment

About

Contact

  • Home »
  • Hansard »
  • 2014 »
  • March »
  • 13 »
  • PROCEEDINGS OF THE NATIONAL ASSEMBLY (Thursday, 13 March 2014)

Consideration Of Report Of Portfolio Committee On Justice And Constitutional Development - Provisional Suspension From Office Of Magistrate M J Kgomo

  • ← Election Of Members Of Mediation Committee On National Environmental Management: Integrated Coastal Management Amendment Bill (Draft Resolution)
  • Consideration Of Report Of Joint Rules Committee - Policy For Attendance Of Members Of Parliament (First Report For 2014) →
  • Picture of Luwellyn Tyrone Landers
    Mr L T Landers 13 Mar 2014 hansard

    Hon Speaker, I present to you the report of the Portfolio Committee on Justice and Constitutional Development on the proposed provisional suspension of Magistrate M J Kgomo. Mr Kgomo was appointed to the magistracy in July 2000. He is at present an additional magistrate at the Randburg District Court. On the afternoon of 5 December 2013, Mr Kgomo was arrested and appeared in the Randburg Regional Court the following day on a charge of corruption.

    It is alleged that Mr Kgomo demanded and received an amount of R150 000 in exchange for positively influencing the outcome of an appeal against extradition brought by a complainant in a particular matter. In the matter referred to, the complainant faces charges of corruption in another country amounting to R20 million.

    It is further alleged that the amount of R150 000 was recovered from Mr Kgomo's briefcase in his office, in his presence. Mr Kgomo was afforded an opportunity to comment on the desirability of his provisional suspension from office by the Magistrates' Commission. Having considered Mr Kgomo's response on 4 February 2014, the commission resolved to recommend that he be provisionally suspended from office in terms of section 13(3)(a) of the Magistrates Act, Act 90 of 1993, pending the Magistrates' Commission's investigation into his fitness to hold office.

    The Magistrates' Commission is of the view that the charge against Mr Kgomo is of such a serious nature as to make it inappropriate for him to perform the functions of a magistrate whilst the allegations are being investigated. It is also the commission's view, which we share, that it is inappropriate for any judicial officer appearing as an accused before a court of law on a charge of corruption to still sit on the Bench.

    Whilst Mr Kgomo has not been found guilty in any court of law or in any disciplinary hearing, the charge and existing evidence against Mr Kgomo are of such a serious nature that they would justify his removal from office should he be found guilty of the misconduct charges preferred against him. For all these reasons, the Minister of Justice and Constitutional Development decided to provisionally suspend Mr Kgomo as a magistrate with immediate effect, with the retention of his remuneration, pending the outcome of the investigation into his fitness to hold office. The portfolio committee agrees with the hon Minister's determination.

    Having considered the request by the Magistrates' Commission to provisionally suspend Mr Kgomo from office, the Portfolio Committee on Justice and Constitutional Development therefore recommends that the National Assembly confirms Mr Kgomo's provisional suspension. I thank you, Mr Speaker.

    There was no debate.

    Link in context Link
  • Picture of Kwena Elias Nong
    Speaker hansard

    Hon members, are there any objections to the adoption of the report of the committee, including the recommendation that the provisional suspension from office of Magistrate Kgomo be confirmed?

    Question put: That the Report of the committee be adopted, including the recommendation that the provisional suspension from office of Magistrate M J Kgomo be confirmed.

    Question agreed to.

    Report adopted and provisional suspension from office of Magistrate M J Kgomo confirmed.

    Link in context Link
  • ← Election Of Members Of Mediation Committee On National Environmental Management: Integrated Coastal Management Amendment Bill (Draft Resolution)
  • Consideration Of Report Of Joint Rules Committee - Policy For Attendance Of Members Of Parliament (First Report For 2014) →

Correct this page

Follow us

  • Facebook
  • Twitter
  • Instagram

Sitemap

  • Home
  • Rep Locator
  • People
    • Find by name
    • Parliament
      • National Assembly
      • National Council of Provinces
    • Provinces
      • Eastern Cape
      • Free State
      • Gauteng
      • KwaZulu-Natal
      • Limpopo
      • Mpumalanga
      • Northern Cape
      • North West
      • Western Cape
  • Blog
  • MP Profiles
  • MP Attendance
  • Public Participation
    • Make yourself heard
    • Elections
      • Election 2014 Candidates
      • Election 2019 Candidates
    • Petitions
    • Write to a Committee
  • Hot Topics
    • Questions
    • MP Assets
    • MP Corner
    • Infographics
  • Links
  • Get the data
  • For Representatives

Contact us

People's Assembly
contact@pa.org.za

Tel: (021) 465 8885

Fax: (021) 465 8887

2nd Floor 9 Church Square Parliament Street
Cape Town 8001
South Africa

Disclaimer

The data for this site has been sourced form a range of organisations and websites and often received in formats that are hard to process. As a result, errors can occur - if you see something that you think is an error, please click on the "Correct This Page" button and let us know so that we can investigate. Please click here to read more about our source data.

  • Privacy
  • Give us feedback

This site runs on open source code written by mySociety.