Report of the Portfolio Committee on Justice and Constitutional Development on the Provisional Suspension from Office of Mr I W O M Morake, a Magistrate at Lichtenburg Magistrate Court, dated 14 November 2005:
The Portfolio Committee for Justice and Constitutional Development, having considered the report on the provisional suspension from office of Magistrate Mr I W O M Morake, 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:
The Portfolio Committee noted from the report that the Minister provisionally suspended Mr Morake from office on 16 September 2005 in terms of the 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 16 September 2005, in compliance with section 13 (3) (b) of the Magistrates Act, 1993.
The Portfolio Committee invited Mr Morake on the 3 October 2005 to submit written representations to the Committee regarding the recommendation of the Magistrate Commission. The Committee received a response from Mr. Morake. In his presentation, Mr Morake denied the allegations and requested the committee hold in abeyance a decision to confirm or not to confirm his provisional suspension, pending the outcome of an application in terms of Section 174 of the Criminal Procedure Act, which was to be head on the 27 October 2005.
The Committee was informed that the Section 174 Application was unsuccessful.
The Portfolio Committee noted that Mr Morake is accused of stealing monies which were handed to him in his official capacity on two occasions at the office by members of the public. These monies were to be paid over to other members of the public during the period between 27 June 2003 and 1 July 2003 and again between 23 April 2004 and 14 March 2005. The amounts involved are R500.00 and R5 000.00.
In terms of section 13(4)(c) of Magistrates Act, 1993, Parliament must, as soon as reasonably possible pass a resolution as to whether or not the provisional suspension of the magistrate is confirmed. The Portfolio Committee considered the allegation to be of a serious nature as to make it inappropriate for Mr Morake to perform the functions 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. Morake in terms of section 13 (3) (c) of the Magistrates Act, 1993.
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.