Thank you very much, hon House Chairperson. The Portfolio Committee on Justice and Correctional services having considered the Minister's Report tabled on 25 February 2020, and referred to it informing Parliament of the provisional suspension from office of Mr Desmond Nair, chief magistrate of Pretoria, pending outcome of an investigation into his fitness to hold office as magistrate as required by section 13(3)(b) of the Magistrates Act number 90 of 1993, report as follows: the charges relates to allegation that Mr Nair during the period 2016, asked for or accepted or received a special favour or dispensation or benefit from Bosasa to the approximate value of R2000 by having the security system installed and or upgraded at his private residence which may unduly influence him in the execution of his official duties or create the impression that this is the case or which can reasonably be perceived as being intended to influence him in the performance of his judicial duties or serve as a reward for performing those duties.
After conducting a preliminary investigation and having considered preliminary investigation report, the Magistrates Commission resolved to charge Mr Nair with misconduct. A charge sheet dated 29 November 2019 containing two accounts of misconducts was served on Mr Nair and his representative. In a letter dated 27 November 2019, Mr Nair was invited to show course why the commission should not recommend that he be provisionally suspended from office. Mr Nair responded and furnished the commission with his representations dated 06 December 2019. On 12 December 2019, having considered Mr Nair's representation the commission resolved to recommend that he be provisionally suspended from office in terms of section 13(3)(a) of the Magistrates Act 90 of 1993.
The commission is of the view that the allegations against Mr Nair are of a serious nature as to make it inappropriate for him to perform the functions of a magistrate while the allegations are being investigated. On 24 February 2020, the Minister on the advice of the commission decided to provisionally suspend Mr Nair with immediate effect, pending the finalisation of an inquiry to his fitness to hold office as a magistrate in terms of section 13(3)(b) of the Act has submitted a report for a consideration by Parliament.
Having considered the Report tabled 25 February 2020, the Minister of Justice and Correctional Services on the provisional suspension from office of Mr Desmond Nair, pending the outcome of an investigation into his fitness to hold office, the committee recommends that the National Assembly confirms Mr Desmond Nair's provisional suspension from the office of magistrates. I thank you. There was no debate.
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