Report of the Portfolio Committee on Justice and Constitutional Development on the Desirability of the Restoration to the Office of Magistrate Mr PP Mkalipi, dated 13 April 2005:
The Portfolio Committee on Justice and Constitutional Development, having considered the report on the suspension from office of magistrate PP Mkalipi, tabled by the Minister for Justice and Constitutional Development in terms of section 13(4)(b) of the Magistrates Act, 1993 (Act 90 of 1993), reports as follows:
1) The Portfolio Committee noted from the report that the Magistrates Commission recommended that Mr Mkalipi be removed from the office of magistrate on account of incapacity to carry out the duties of his office efficiently.
2) The Portfolio Committee invited Mr Mkalipi to submit written representations to the Committee regarding the recommendation of the Magistrates Commission. Mr Mkalipi responded by indicating that he is ready to take up the office of magistrate again.
3) The Portfolio Committee noted that the report and the documents submitted in terms of the relevant regulations bear ample evidence that Mr Mkalipi is incapable of carrying out the duties of his office efficiently. There are numerous instances where case records kept by Mr Mkalipi were incomplete and/or reflected gross irregularities. Uncontested evidence exists that he committed gross procedural irregularities on numerous occasions and that he failed to furnish reasons for convictions and sentences on review or appeal in certain instances. Other uncontested evidence relates to non-observance of official hours, lack of discipline, inadequate knowledge of civil adjudication and being inebriated whilst on official duty.
4) In terms of section 13(4) (c ) of the Magistrates Act, 1993, Parliament must, as soon as is reasonably possible, pass a resolution as to whether or not the restoration of Mr Mkalipi to the office of magistrate is recommended. The Portfolio Committee is of the opinion that there is no reason why the recommendation by the Magistrates Commission, namely that Mr Mkalipi should be removed from the office of magistrate, should not be followed and accordingly recommends that the House resolve that Mr Mkalipi not be restored to the office of magistrate.