Thank you very much, hon Chairperson ... [Interjections.]
Sorry Chairperson, on a point of order.
The House Chairperson (Ms M G Boroto): Nothing was said. What is the point of order about?
Chair, indeed, and I want you to Rule on this. We are dealing with a very sensitive matter here on the removal of a magistrate and I don't have a problem with that.
But my concern is that if this discussion includes what the medical condition of the particular magistrate is, it might be insensitive. So, I want to know whether we are able to discuss and mention in this House the actual medical condition or we should try to avoid that. Thank you, Chair.
The House Chairperson (Ms M G Boroto): Hon member, can I allow the hon Chairperson to present the report? Hon Magwanishe, continue.
House Chairperson, the report of the Portfolio Committee on Justice and Correctional Services on the suspension and removal from office of magistrate I Meyburgh, an additional magistrate at Johannesburg, in terms of section 13(4)(b) of the Magistrates Act, 1993 (No 90 of 1993), dated 6 March 2020.
Since her appointment on the 1 October 2015, Ms Meyburgh has largely been absent from work due to continued ill-heath. It has also been difficult to evaluate Ms Meyburgh's performance on the bench for purposes of possible permanent appointments as she has been unable to produce any work on which her fitness to hold office could be assessed. To date, Ms Meyburgh
has not returned to the office and has not completed the required probationary period for aspirant magistrate.
On 14 March 2018, Ms Meyburgh's attention was drawn to the provisions of Regulation 29 of the Regulation on Judicial officers in the Lower Courts, setting out the procedure that is followed when a magistrate is removed from office due to continued ill-health. Ms Meyburgh was afforded an opportunity to comment and state her case in response.
On 18 May 2018, the Magistrate's Commission considered the documentation presented to it regarding Ms Meyburgh's continued ill-health and ordered that an investigation be held regarding her fitness to continue to hold office on account of ill-health.
Ms Meyburgh was informed of the investigation in a letter dated, 23 May 2018 and was requested to submit a medical report from a medical practitioner of her choice to the commission. Ms Meyburgh's representative submitted the required medical report dated 21 October 2018, which found that Ms Meyburgh was unable to return to work.
In a letter dated 18 April 2019, the commission gave Ms Meyburgh an opportunity to comment. Ms Meyburgh's representative provided the commission with her comments but the response did not address the commission's opinion that she is not fit to hold office as magistrate any longer due to continued ill-health and that a recommendation to suspend her from office would be justified.
Further, the responses did not show cause as to why the commission should not determine to withhold her remuneration forthwith. Neither Ms Meyburgh nor her representatives responded to the commission's subsequent clarifying letter.
On 2 August 2019, the commission met and resolved to recommend that Ms Meyburgh be suspended from office due to continued ill-health; and determined that her remuneration be withheld with effect from the date on which the Minister suspends her from office. On the recommendation of the commission, the Minister duly suspended Ms Meyburgh from office on the 26 November 2019, and tabled the report for consideration by Parliament.
Having considered the report, tabled on 27 November 2019, by the Minister for Justice and Correctional Services, on the suspension from office of Ms I Meyburgh, the committee recommends that the National Assembly resolve not to restore Ms I Meyburgh to office as magistrate. I thank you. [Applause.]
Declarations of vote:
Chair, we are in support of the proposal containing the report under discussion not to restore Ms Meyburgh to office.
The role of Parliament in dealing with matters of discipline and incapacity on the part of magistrates is too fold.
Firstly, it's to oversee whether the Magistrates Commission and the Executive, the Minister in dealing with these matters performed the role and functions in a proper and lawful manner. In this regard we are satisfied that the commission followed the correct procedure and came to the correct conclusion namely, that due to continued ill-health, Ms Meyburgh is unfortunately no longer fit to hold office.
We are also satisfied with the Minister in dealing with the matter followed the prescripts of the law and ultimately had no choice but to suspend Ms Meyburgh from office on 27 November last year.
Secondly as part of our systems of checks and balances, this Parliament now has the duty to resolve to either restore MS Meyburgh to office or not. Our role is therefore more than questioning and holding to account the executive and matters like these.
Hon members, we are of the view that in light of the information contained in this report, there cannot be any other conclusion that the continued and nearly permanent absence from office on the part of Ms Meyburgh enjoins this Parliament not to support her restoration to office. I thank you.
Chairperson, the EFF welcomes the suspension of Ms Meyburgh and it also supports her permanent removal. Magistrates must be fit and proper as they decide the fate of people's lives.
We are satisfied with the process followed and the resulting outcome. We must continue to subject the judiciary to the highest level of scrutiny and ensure fit and proper persons occupy these roles. Thank you very much.
Hon House Chair, the NFP notes the report of the Portfolio Committee on Justice and Correctional Services tabled here today.
The Magistrates Commission has interrogated this matter extensively. It is common knowledge that Ms Meyburgh has largely been absent from office due to ill-health.
Her continuous absence from work on an already congested court roll cannot be in interest of swift justice. Her absence makes it difficult to plan court rolls in advance added to not being able to assess her performance as she has been appointed as an additional magistrate and must be evaluated for the purposes of permanent appointment. Matters that are partly heard will not be able to be finalised as it is being adjudicated by the magistrate who is familiar with the matter best.
She was given an opportunity to comment on the inquiry but failed to do so.
On investigation, as ordered by the Ethics Committee, Ms Meyburgh was requested to submit a medical certificate which was submitted and found that she was unwell, impaired and unable to function in any professional capacity presently.
It is clear that Ms Meyburgh is not in a position to carry on her duties.
In terms of section 13 (4) (a) of the Act, the Minister must suspend the magistrate if he or she is unfit to hold office due to health.
The NFP is satisfied that due processes have been followed. We wish Ms Meyburgh well in the future. The NFP supports the report tabled here. Thank you.
Hon House Chair, the IFP once fully empathising with the difficult person's situation which is fate, Meyburgh finds herself in, supports the recommendation of the magistrate to commission for her removal from office in terms of section 13 (4) (a) 2 of the Magistrates Act.
Magistrate Meyburgh's incapacity has not only placed great pressure upon her personally but also upon her service as a judicial officer in the area over which she presides as a magistrate.
As a result of which her office is in a state of dysfunction, which compromises the delivery of justice in her court room, justice delayed is justice denied and Magistrate Meyburgh is unfortunately unable to fulfil her duties due to her continued ill-health.
We note that Magistrate Meyburgh has been afforded an opportunity to address her illness and suggest alternatives to her current form of employment, but that no such representations were received.
In conclusion, the IFP therefore concurs with the report, the findings and the recommendations. I thank you.
House Chair it looks like we are speaking with one voice on this matter. The ANC rises in support of the report on the Portfolio Committee of Justice and Correctional Services on the suspension and removal from office of Magistrate I. Meyburgh, an additional magistrate at Johannesburg Magistrate Court in terms of section 13 (4) (b) of the Magistrates Courts Act of 1993.
In his inaugural speech isithwalandwe, President Nelson Mandela said, let there be justice for all, let there be peace for all. Having a clear picture and having experienced the injustices of what was called the justice system of the colonial and apartheid regimes.
The ANC committed itself to making justice accessible for all. The concerted efforts of the ANC have ensured that justice is not only accessible to the allied and privileged or those who live in suburbs or affluent parts of the country.
The ANC appreciated that disputes arise continuously in our daily lives and made a commitment that when such disputes would arise in the rural areas, aggrieved parties would have the right to access courts or tribunals and have their dispute adjudicated in a fair manner; obtain relief protection or enforce their rights in such courts or other tribunals.
The ANC called for an independent judiciary and to strengthening the judicial system and remains committed to these promises. Access to justice is paramount.
Magistrate Meyburgh has been largely absent from office due to continued ill-health. We did not bring detail of her state of health but we said continued ill-health.
This has in effect led to the continuous interruption of her work schedule, making it difficult for the head of office to plan her court rolls and other work upfront to ensure that service delivery and the smooth running of the court is not compromised.
This has also made it difficult for her performance to be evaluated for purposes of permanent of appointment.
In accordance with the audi alteram partem role of natural justice, Ms Meyburgh was offered the opportunity to comment on the matter. The Magistrate Commission did not receive any representations. A medical report was submitted and found her unable to return to work. Justice delayed is indeed justice denied. An incapacitated court cannot serve the interests of the masses of our own people who rely on an efficient judicial system for the speedy resolution of our disputes.
One of the priorities of the NAC led government is to have a capable developmental state, a well functioning capacitated judiciary is key. It is therefore on these bases that ANC does the report tabled by the committee. Thank you very much.
Agreed to.