REPORT
OF THE SELECT COMMITTEE ON SECURITY AND CONSTITUTIONAL AFFAIRS ON THE REMOVAL
FROM OFFICE AND WITHHOLDING OF REMUNERATION OF MR T V D MATYOLO, AN ADDITIONAL
MAGISTRATE AT
The Select Committee on Security and Constitutional Affairs, having considered the report on the suspension/removal from office of Mr Matyolo and the withholding of his remuneration, tabled by the Minister for Justice and Constitutional Development in terms of section 13(4)(b) and 13(4A)(b) of the Magistrates Act, 1993 (Act 90 of 1993), respectively, reports as follows:
1. The Committee noted from the report tabled by the Minister for Justice and Constitutional Development that the Magistrates Commission on 23 August 2007 and 29 October 2007, respectively, resolved to recommend the removal from office of Mr Matyolo in terms of section 13(4)(a)(i) of the Magistrates Act, 1993 and determined to withhold his remuneration in terms of section 13(4A)(a) of the Act.
2. The Committee noted that the Minister for Justice and Constitutional Development has, in terms of section 13(4)(a) of the Magistrates Act, 1993, suspended Mr Matyolo from office on 27 September 2007.
3. The Committee further noted that Mr Matyolo has been absent from office since 5 June 2007 without leave or any other valid reason and that in terms of regulation 34(1) of the Regulations for Judicial Officers in the Lower Courts he, in the circumstances, is deemed to have absconded and as such he made himself guilty of misconduct. All efforts to trace him were unsuccessful.
4. In terms of section 13(4)(c) and 13(4A)(c) of the Magistrates Act, 1993, Parliament must, as soon as is reasonably possible pass a resolution as to whether or not –
(a) the restoration of Mr Matyolo to his office is recommended; and
(b) the determination to withhold Mr Matyolo’s remuneration is confirmed, either with or without amendment, or set aside.
5. The Select Committee therefore recommends that the Council resolves –
(a) not to restore Mr Matyolo to his office in terms of section 13(4)(c) of the Magistrates Act, 1993; and
(b) to confirm the determination by the Magistrates Commission to withhold Mr Matyolo's remuneration in terms of section 13(4A)(c) of the Magistrates Act, 1993.
Report to be considered