Magistrate Commission Reports; Committee Legacy Report

NCOP Security and Justice

24 April 2024
Chairperson: Ms S Shaikh (ANC, Limpopo)
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Meeting Summary

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The Select Committee held a virtual meeting to consider Magistrate Commission reports on the removal of Magistrates Raath, Maharaj, Hinxa and Dyeyi, the provisional suspension of Magistrates Govender and Singh, as well as the two-week upliftment of the provisional suspension of Magistrate Bodlani.

All the Magistrate Commission’s reports were duly adopted.

The Committee also considered and adopted the minutes of meetings in February and March, and its legacy report covering the sixth term of Parliament.

Meeting report

The Chairperson greeted Members on the virtual platform and flighted the meeting agenda. She indicated that this would not be the Select Committee’s last meeting in the sixth Parliament -- it would meet again to deal with all the outstanding Committee minutes.

Consideration and adoption of Magistrate Commission reports

Removal of Magistrate Raath

The Select Committee was taken through the report on the removal of Magistrate Raath by the Committee’s Content Advisor.

Magistrate Raath was charged with misconduct in relation to an investment scheme he had set up, which caused the loss of funds for many who had invested in that scheme. He had abused his office by using his position to convince his victims to join the scheme.

The adoption of the report was moved by Ms M Bartlett (ANC, Northern Cape), and was seconded by Mr K Motsamai (EFF, Gauteng).

No objection or abstention was recorded.

The report was duly adopted. https://pmg.org.za/tabled-committee-report/5814/

Removal of Magistrate Maharaj

The Select Committee was taken through the report on the removal of Magistrate Maharaj.

It was recommended that Magistrate Maharaj be removed due to ill health.

The adoption of the report was moved by Ms A Maleka (ANC, Mpumalanga) and was seconded by Mr K Motsamai (EFF, Gauteng).

No objection or abstention was recorded.

The report was duly adopted. https://pmg.org.za/tabled-committee-report/5813/

Removal of Magistrate Hinxa

The Select Committee was taken through the report on the removal of Magistrate Hinxa.

The Commission recommended Magistrate Hinxa be removed on the grounds of misconduct concerning allegations of sexual assault.

The adoption of the report was moved by Mr E Mthethwa (ANC, KZN) and was seconded by Mr T Dodovu (ANC, North West).

No objection or abstention was recorded.

The report was duly adopted. https://pmg.org.za/tabled-committee-report/5812/

Removal/suspension of Magistrate Dyeyi

The Select Committee was taken through the report on the removal/suspension of Mr Dyeyi.

It was recommended that he be removed due to ill health.

The adoption of the report was moved by Ms Bartlett and was seconded by Mr Dodovu.

No objection or abstention was recorded.

The report was duly adopted. https://pmg.org.za/tabled-committee-report/5815/

Provisional suspension of Magistrate Govender

The Select Committee was taken through the report on the provisional suspension of Magistrate Govender.

It was recommended that she be removed due to a criminal case in which she was involved.

The adoption of the report was moved by Mr Dodovu, and was seconded by Mr Motsamai.

No objection or abstention was recorded.

The report was duly adopted. https://pmg.org.za/tabled-committee-report/5810/

Provisional suspension of Senior Magistrate Singh

The Select Committee was taken through the report on the provisional suspension of Senior Magistrate Singh.

The charges which were levelled against Mr Singh included sending inappropriate, concerning and threatening WhatsApp messages to journalists, lying under oath, and having a close relationship with a South African Police Service (SAPS) official.

The adoption of the report was moved by Ms Bartlett, and was seconded by Ms N Ndongeni (ANC, Eastern Cape).

No objection or abstention was recorded.

The report was duly adopted. https://pmg.org.za/tabled-committee-report/5811/

Upliftment of provisional suspension of Magistrate Bodlani

The Select Committee was taken through its last report on the upliftment of the provisional suspension of Magistrate Bodlani. Magistrate Bodlani had been asked to reconstruct a case, and thus the two-week upliftment of the provisional suspension was recommended.

The adoption of the report was moved by Ms Maleka, and was seconded by Ms Ndongeni.

No objection or abstention was recorded.

The report was duly adopted.

(The adopted reports are attached).

Consideration and adoption of Legacy Report

The Select Committee was taken through the legacy report of the Select Committee in the Sixth Parliament.

(See details in the attached document).

No additional comment was made by Members in relation to the report.

The adoption of the report was moved by Ms Bartlett and seconded by Ms Ndongeni.

The legacy report of the Select Committee in the Sixth Parliament was duly adopted. https://pmg.org.za/tabled-committee-report/5817/

Adoption of Minutes

The Chairperson pointed out that the Committee had tried and failed to adopt its minutes in time. That should be improved in future.

The draft Committee minutes of 23 and 28 February, and 6, 13, 15, 19 and 20 March 2024 were all duly adopted.

The Chairperson adjourned the meeting.

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