Report of the Select Committee on Security and Constitutional Affairs on the Desirability of the Restoration to the Office of Magistrate Mr PW Phiri, dated 10 March 2005:
The Select Committee on Security and Constitutional Affairs, having considered the report on the suspension from office of magistrate PW Phiri, 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 Select Committee noted from the report that the Magistrates Commission recommended that Mr Phiri be removed from the office of magistrate on account of incapacity to carry out the duties of his office efficiently.
(2) The Select Committee invited Mr Phiri to submit written representations to the Committee regarding the recommendation of the Magistrates Commission. The Committee did not receive any response to the invitation.
(3) The Select Committee noted that the report and the documents submitted in terms of the relevant regulations bear ample evidence that Mr Phiri is incapable of carrying out the duties of his office efficiently. Mr Phiri repeatedly failed to send reviewable cases to the High Court timeously and repeatedly failed to respond to various queries by reviewing judges, resulting in failures of justice and causing prejudice to the accused persons concerned. He pleaded guilty to three charges of misconduct in this respect. His performance on the bench disclosed numerous, serious and profound irregularities. Numerous cases over which Mr Phiri presided had to be sent on special review and serious procedural irregularities were detected. Individual and formal training, guidance and counseling failed to achieve the desired effect and Mr Phiri repeatedly made the same mistakes and failed to adhere to time limits.
(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 Phiri to the office of magistrate is recommended. The Select Committee is of the opinion that there is no reason why the recommendation by the Magistrates Commission, namely that Mr Phiri should be removed from the office of magistrate, should not be followed and accordingly recommends that the Council resolve that Mr Phiri not be restored to the office of magistrate.