Report of the Select Committee on Security and Constitutional Affairs on the Provisional Suspension from Office and the withholding of remuneration: Mr M S Makamu, Senior Magistrate and Head of Office at Benoni, dated 21 June 2006:

The Select Committee on Security and Constitutional Affairs, having considered the reports on the provisional suspension from office of Senior Magistrate M S Makamu, and the withholding of his remuneration, tabled by the Minister for Justice and Constitutional Development in terms of sections 13(3)(b) and 13(4A)(b) of the Magistrates Act, 1993 (Act 90 of 1993), reports as follows:

1) The Select Committee noted from the reports that the Minister provisionally suspended Mr Makamu from office on 23 November 2005 in terms of section 13(3)(a) of the Magistrates Act, 1993 and that, on 31 March 2006, the Magistrates Commission, in terms of section 13(4A)(a) of the Act, determined to withhold his remuneration. The reports indicating the reasons for Mr Makamu’s provisional suspension and the withholding of his remuneration were tabled in Parliament on 24 November 2005 and 7 April 2006, respectively, in compliance with sections 13(3)(b) and 13(4A)(b) of the Magistrates Act, 1993.

2) The Select Committee invited Mr Makamu on 10 April 2006 to submit written representations to the Committee regarding the recommendation by the Magistrates Commission to provisionally suspend him from office and its determination to withhold his remuneration. The Committee did not receive any response from Mr Makamu by the due date, 26 April 2006.

3) The Select Committee noted that Mr Makamu had been convicted by the Johannesburg Regional Court on a charge of fraud on 21 June 2005 and that he was sentenced to a fine of R10 000 (ten thousand rand) or in default of payment to 6(six) months imprisonment, all of which were suspended for a period of 4(four) years on certain conditions. He was charged for inducing an Administration Officer at the Benoni Magistrate’s Court to sign an official letter stating that he was entitled to an official motor vehicle allowance which letter was presented to Bankfin for the purpose of an installment sale agreement.

4) The Select Committee noted that it has taken a considerable period of time to finalise the criminal case against Mr Makamu and to finalise his application for leave to appeal (which also has had a delaying effect in respect of the inquiry into his fitness to hold office as a Magistrate) and that the Magistrates’ Commission attributes this to an effort on the part of Mr. Makamu to delay the process.

5) In terms of section 13(3)(c) of the Magistrates Act, 1993 Parliament must as soon as is reasonably possible pass a resolution as to whether or not the provisional suspension of a magistrate is confirmed. Parliament must also, in terms of section 13(4A)(c) of the Act, as soon as is reasonably possible, consider a report and pass a resolution as to whether or not the determination by the Magistrates Commission to withhold a Magistrate’s remuneration is confirmed, either with or without amendment, or set aside.

6) The Select Committee considers the matter to be of such a serious nature so as to make it inappropriate for Mr Makamu to perform his functions as a magistrate, whilst the inquiry referred to in section 13(3)(e) of the Magistrates Act, 1993 is pending. Furthermore, the Committee is of the view that the Magistrates Commission’s determination to withhold Mr Makamu’s remuneration is appropriate in the circumstances

7) The Committee therefore recommends that the Council resolves to confirm -

(a) the provisional suspension of Mr Makamu in terms of section 13(3)(c) of the Magistrates Act, 1993; and

(b) the determination by the Magistrates Commission to withhold Mr Makamu’s remuneration in terms of section 13(4A)(c) of the Magistrates Act, 1993.

Report to be considered.