3. On the 3 February 2010, the Minister of Justice and Constitutional Development, on the advice of the Magistrates Commission, provisionally suspended Mr Masinga from office. 4. On 8 February 2010, the Commission charged Mr Masinga with three counts of misconduct. The Commission was informed, in writing, on 2 March 2010, that NEHAWU would act on Mr Masinga's behalf. The misconduct inquiry was set down for 26 August 2010. NEHAWU, acting on behalf of Mr Masinga, requested a postponement to appoint a legal representative. They were also instructed to argue that the disciplinary hearing should not proceed until the criminal case against Mr Masinga had been finalised. The inquiry was postponed to 21 October 2010, but the representative of NEHAWU was absent on the day. The Presiding Officer then postponed the proceedings to 4 February 2011 for Mr Masinga to obtain finality in respect of legal representation. Neither Mr Masinga, nor the representative of NEHAWU, presented themselves on 4 February 2011. The Presiding Officer postponed the inquiry to 28 March 2011 and requested the Commission to serve a fresh notice of hearing on Mr Masinga. The notice was served on 24 February 2011. The inquiry proceeded on 28 March 2011. Mr Masinga requested another postponement for NEHAWU to instruct an attorney. On 24 May 2011, Mr Masinga was represented by an attorney. Various points for clarification were raised and were to be addressed on 22 August 2011.