Report of the Portfolio Committee on Justice and Constitutional Development on the Provisional Suspension from Office of Magistrate R Ameer, an Additional Magistrate at Pineton, dated 21 June 2005:

The Portfolio Committee on Justice and Constitutional Development, having considered the report on the provisional suspension from office of magistrate, R Ameer, tabled by the Minister for Justice and Constitutional Development in terms of section 13(3)(a) of the Magistrates Act, 1993 (Act 90 of 1993) reports as follows:

The Portfolio Committee noted that the Minister provisionally suspended Mr Ameer from office on 13 April 2005 in terms of section 13(3)(a) of the Magistrates Act, 1993.

The Portfolio Committee further noted that Mr Ameer was suspended de facto by the Magistrates Commission since 16 August 2004, a date prior to the Minister’s decision and therefore in contravention of the provisions of section 13(3)(a)(i) of the Magistrates Act which reads - "The Minister, on the advice of the Commission, may provisionally suspend a magistrate from office if the Commission, after affording the magistrate a reasonable opportunity to be heard regarding the desirability of such provisional suspension, is satisfied that reliable evidence exists indicating that an allegation against that magistrate is of such serious nature as to make it inappropriate for the magistrate to perform the functions of a magistrate while the allegation is being investigated;".

The Portfolio Committee considered the possibility of condoning the de facto suspension, however considered that this would be legally tenuous and in any event would not have complied with the requirement of section 13(3)(e) in that an inquiry had not been initiated by the Magistrates Commission within 60 days of the de facto suspension.

In terms of section 13(3)(c) of the Magistrates Act, Parliament must, as soon as possible, pass a resolution as to whether or not the provisional suspension of Mr Ameer is confirmed. The Portfolio Committee is of the opinion that the procedures prescribed by the Magistrates Act, 1993 (Act 90 of 1993) were not followed and accordingly recommends that the House resolves not to confirm the provisional suspension of Mr R Ameer.

Report to be considered.