3. The criminal case was postponed on various occasions at the request of the defence. The matter stands postponed to 3 September 2010 for an application for the recusal of the presiding officer. 4. On 8 February 2010 the Magistrates Commission charged Mr Masinga with three counts of misconduct. A notice in terms of section 13(3)(e), containing the allegations against him, was served on Mr Masinga. The National Education Health and Allied Workers Union (NEHAWU) informed the Magistrates Commission in a letter received on 2 March 2010 that it acts on behalf of Mr Masinga. NEHAWU requested the Commission to communicate directly with them regarding the disciplinary matter. NEHAWU further informed the Commission that they were in the process of considering the appointment of a legal representative for Mr Masinga.