Legal requirements 1. If a magistrate is absent without leave or valid reason from his/her office or duty for a period of 30 days or longer the following applies: a. The Commission must in terms of regulation 34(1) of the Regulations for Judicial officers in Lower Courts, 1994, be informed without delay; and b. It shall be deemed that the magistrate has absconded and made himself/herself guilty of misconduct. 2. In terms of section 13(4) (a) of the Magistrates Act, 1993 (Act no 90 of 1993) the Minister for Justice and Constitutional Development, if the Magistrates Commission recommend that a Magistrate be removed from office, on inter alia, the basis of misconduct, must suspend that magistrate from office or if the Magistrate is at that stage provisionally suspended in terms of the Act, confirm the suspension.