Report of the Portfolio Committee on Justice and Constitutional Development on the Provisional Suspension from Office of Mr K Suliman, an Additional Magistrate at Durban 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 K Suliman, 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 Suliman from office on 22 August 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 23 August 2005, in compliance with section 13 (3) (b) of the Magistrates Act, 1993.
The Portfolio Committee invited Mr Suliman on the 29 August 2005 to submit written representations to the Committee regarding the recommendation of the Magistrate Commission. The Committee did not receive a response to the invitation.
The Portfolio Committee noted that Mr Suliman is accused of indecent assault/crimen injuria in that he allegedly sexually assaulted his colleague, Ms N V Khumalo.
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 Suliman 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. Suliman 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.