REPORT OF THE PORTFOLIO COMMITTEE ON JUSTICE AND CONSTITUTIONAL DEVELOPMENT ON THE WITHHOLDING OF REMUNERATION OF MR I X MASIMINI, AN ADDITIONAL MAGISTRATE AT QUEENSTOWN, DATED 14 NOVEMBER 2007:

The Portfolio Committee on Justice and Constitutional Development, having considered the report on the withholding of remuneration of Magistrate I X Masimini, tabled by the Minister for Justice and Constitutional Development in terms of section 13(4A)(b) of the Magistrates Act, 1993 (Act 90 of 1993), reports as follows:

1. The Committee noted from the report tabled by the   Minister for Justice and Constitutional Development that the Minister, on 13 March 2006 and on the recommendation of the Magistrates Commission, provisionally suspended Mr Masimini      from office in terms of section 13(3)(a) of the Magistrates Act, 1993.

2. The Committee noted that Mr Masimini had, on 24 November 2006, been convicted on a charge of assault with the intent to do grievous bodily harm, that he was also charged for having made a false/incorrect statement when applying for an appointment to the Regional Court Bench and that he had been found guilty on three counts of misconduct for having used foul and injudicious language in court.

3. The  Committee further noted that the Magistrates Commission, on 19 April 2007, determined to withhold Mr Masimini’s remuneration in terms of section 13(4A)(a) of the Magistrates Act,1993.

4.  In terms of section 13(4A)(c) of the Magistrates Act, 1993, Parliament must, as soon as is reasonably possible, consider the report and pass a resolution as to whether or not the determination concerned is confirmed, either with or without amendment, or set aside.

5. The Portfolio Committee therefore recommends that the National  Assembly resolves to confirm the determination by the Magistrates Commission to withhold Mr Masimini's remuneration in terms of section 13(4A)(c) of the Magistrates Act, 1993.