Magistrates’ Commission commits to fast-tracking misconduct inquiries

THE Magistrates' Commission yesterday acknowledged that it had not been dealing with misconduct inquiries swiftly and was working to improve the situation.

“We realised our mistake of not dealing with the matters swiftly. We are working on it and we have made some progress,” said commission ethics committee chairperson Naome Manaka.

Manaka made the statement while briefing the select committee on security and justice on matters related to the suspension, removal from office and upliftment of suspension of affected magistrates on the grounds of misconduct and ill-health.

The commission has to obtain confirmation from the National Assembly and the National Council of Provinces when a magistrate is to be suspended or removed from office.

However, there has been concern raised on the amount of time it took to bring matters to Parliament for confirmation with the portfolio committee on justice and correctional services raising the issue two months ago.

Manaka brought up the issue when she made her presentation.

Committee chairperson Shahidabibi Shaikh said they were in agreement that some matters were not dealt with swiftly.

Referring to one case that had a two-year delay, Shaikh said: “This kind of delay is unacceptable.”

She said there had been delays for various reasons.

“I don't think it is only this matter. There have been delays. We want you to deal with this matter swiftly,” Shaikh said.

She then asked what measures the commission was implementing to address the delays in dealing with matters.

Manaka blamed lack of capacity as one of the reasons for the delays.

“The commission was running without a secretary. The acting secretary was a secretary of the ethics committee. He had to do work for all other committees,” she said.

Manaka also said there has been a vast increase in matters reported to the ethics committee.

“Perhaps, it is a positive. Maybe the public is starting to believe in the work of the commission to handle the matters.”

Manaka said they had put in place measures to channel and prioritise the matters now.

“When matters were not in our control, inter alia because they are before a disciplinary hearing, we take charge to follow up and get constant reports from the persons leading evidence.”

They have compiled a standard operating procedure and the ethics committee held frequent meetings, she said.

“When I started as chairperson we began with a clean-up campaign. We hold meetings for two or three days. Those have proven to yield results,” she said.

In the recent past, the ethics committee has held meetings weekly and spent hours expediting the approval of the charge sheets.

“We have good results. About 10 charge sheets were dealt with in the last two months,” she said.

Manaka said the commission has created a database of magistrates to be appointed as persons leading evidence in misconduct inquiries.

“We are really making strides. We are working tirelessly,” she said.

Yesterday, the committee confirmed the removal from office of Oberholzer additional magistrate HC Raath, who was found guilty of misconduct for running a pyramid scheme.

It also confirmed the removal of Caledon additional magistrate K Maharaj due to ill-health after he suffered a brain injury and as a result it was found that he cannot perform his duties as a magistrate.

The committee also confirmed the removal from office of Bloemfontein chief magistrate MD Hinxa for making sexual advances to a complainant. There was confirmation of the provisional suspension of Limpopo's Lenyenye magistrate, R Govender, after she was charged with dishonesty when she misled the special review for a case she presided over.

The committee also confirmed the provisional suspension of Pietermaritzburg senior magistrate Ashin Singh pending the outcome of a misconduct hearing into his fitness to hold the office of magistrate, as well as the upliftment of provisional suspension of uMlazi magistrate Kholeka Bodlani in order for her to reconstruct a court record.