3. On 26 August 2010, the Commission, having considered Mr Morake's response received on 25 February 2010, resolved to advise the Minster to again provisionally suspend Mr Morake from office in terms of section 13(3)(a) of the Act. The Commission is of the view that the existing evidence against Mr Morake is of such a serious nature as to make it inappropriate for him to perform the functions of a magistrate while the allegations are being investigated.