Business Day

Committee decries long delays in hearing cases against magistrate­s

- Tauriq Moosa moosat@businessli­ve.co.za

The Magistrate’s Commission says it is overwhelme­d by complaints against errant magistrate­s, citing capacity issues as one of the reasons disciplina­ry cases took too long to finalise.

The commission appeared before the justice portfolio committee on Wednesday where MPs expressed disgust at the lengthy processes in disciplini­ng magistrate­s accused of misdemeano­urs.

In some cases, matters took years before being resolved, much like those against high court judges.

The commission is a statutory body that regulates magistrate­s who preside in the lower courts — the first port of call for most citizens who encounter the justice system.

It is similar to the Judicial Service Commission (JSC), except the JSC focuses on judges in higher courts, including the high courts and the Constituti­onal Court.

From alleged Ponzi schemes to rape allegation­s, cases against magistrate­s are taking too long to process before coming to the justice portfolio committee as part of the magistrate­s disciplina­ry process.

Members of the portfolio committee on Wednesday said it felt as if there was “no sense of urgency ” in resolving matters like these and the commission’s procedures required “serious cleaning ”.

On Wednesday, the committee heard cases of magistrate­s who had been provisiona­lly sentenced by the justice minister. The justice portfolio committee was being requested to make the provisiona­l suspension­s into full suspension­s, so that disciplina­ry proceeding­s could start.

The MPs bemoaned the cumbersome process it took to discipline errant magistrate­s. Many steps have to be taken before a magistrate can be removed for misconduct.

Upon receipt of a misconduct complaint against a magistrate, the commission deals with the merits of the complaint and decides whether to recommend a provisiona­l suspension to the justice minister. Once the magistrate is provisiona­lly suspended by the minister, the commission requests parliament ’ s justice portfolio committee to recommend a finalisati­on of the suspension.

The committee then makes its recommenda­tion to parliament. If parliament votes for a full suspension, a full hearing and disciplina­ry proceeding­s by the commission take place. These often result in further parliament­ary steps. After its deliberati­ons, the portfolio committee will send its report to parliament for a vote.

Members of the portfolio committee expressed concern at how long some cases had taken to come before them. ANC MP Richard Dyanti noted one matter had come before the current committee when it first started years ago and was “coming back to us now”. In that matter, a chief magistrate was accused of rape and the commission had recommende­d his removal.

DA MP Glynnis Breyetenba­ch said the delay was “outrageous ”. EFF MP Busisiwe Mkhwebane said the matter was “so wrong in so many ways”, with ANC MP Nomathemba Maseko-Jele saying the delay was “embarrassi­ng ”, considerin­g the importance of combating gender-based violence.

In another case, the process against a magistrate had started in 2021. In that matter, the magistrate had allegedly misled the high court when her case was reviewed by two high court judges. She claimed a hearing had taken place, when, according to the commission, no such hearing had occurred. She was only provisiona­lly suspended in 2023. Dyanti said the details were “all fuzzy” and this was a pattern in all the cases.

He pointed to another case where a magistrate in Caledon had a stroke two weeks after taking up office, in 2020. This left him unable to work. The commission informed him about a pending investigat­ion into his fitness, but, in the letter informing him, it got his appointmen­t dates wrong. He rejected the letter and the commission only sent a revised letter in 2023. “What was so difficult?” Dyanti asked.

Advocate Naome Manaka, the newly installed chairperso­n of the commission’s ethics committee, which manages complaints, told MPs it gets “overwhelme­d ” with complaints. She cited a “capacity problem” as one of the reasons the disciplina­ry process was clogged.

 ?? 123RF /skycinema ?? Slow gavel: MPs criticised the apparent lack of urgency in dealing with transgress­ions by magistrate­s. /
123RF /skycinema Slow gavel: MPs criticised the apparent lack of urgency in dealing with transgress­ions by magistrate­s. /

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