The Portfolio Committee for Justice and Constitutional Development, having considered the report on the provisional suspension from office of Magistrate M S E Khumalo, tabled by the Minister for Justice and Constitutional Development in terms of section 13(3)(b) of the Magistrates Act, 1993 (Act 90 of 1993), reports as follows:

1) The Portfolio Committee noted from the report that the Minister provisionally suspended Mr Khumalo from office on the 22 August 2005 in terms of section 13(3)(a) of the Magistrates Act, 1993. The report of the Minister which indicates reasons for the provisional suspension was tabled in Parliament on 23 August 2005, in compliance with section 13(3)(b) of the Magistrates Act, 1993.

2) The Portfolio Committee invited Mr Khumalo on the 30 August 2005 to submit written representations to the Committee regarding the recommendation of the Magistrates Commission. The Committee did not receive any response to the invitation by the 13 September 2005.

3) The Portfolio Committee noted that Mr Khumalo is charged with stealing monies belonging to a deceased estate in the amount of R240 951,96 during the period between 31 July 1999 and 3 April 2001.

4) In terms of section 13(3)(c) of Magistrates Act, 1993, Parliament must as soon as is reasonably possible pass a resolution as to whether or not the provisional suspension of the magistrate is confirmed. The Portfolio Committee considers the allegation to be of such a serious nature as to make it inappropriate for Mr Khumalo to perform his functions as magistrate while the inquiry referred to in section 13(3)(e) of the Magistrates Act, 1993 is being held and therefore recommends that the National Assembly resolve to confirm the provisional suspension of Mr Khumalo in terms of section 13 (3) (c) of the Magistrates Act, 1993.

5) The Committee further recommends that a progress report in respect of the inquiry of the Magistrates Commission be tabled in accordance with the provisions of section 13(3)(f) of the Magistrates Act, 1993 and the first report to be tabled in Parliament by the 13 January 2006.

Report to be considered.