Report of the Select Committee on Security and Constitutional Affairs on the suspension / removal from office of magistrate SP Zwelibanzi, an additional magistrate at Ngqamakhwe, dated 7 October 2008:

The Select Committee on Security and Constitutional Affairs, having considered the report on the suspension/removal from office of Mr SP Zwelibanzi, tabled by the Minister of Justice and Constitutional Affairs in terms of section 13(4)(a) of the Magistrates Act, 1993 (Act 90 of 1993), reports as follows:

1. The Select Committee noted from the report tabled by the Minister of Justice and Constitutional Development, that the Magistrates Commission on 22 November 2007 resolved to recommend the removal from office of Mr SP Zwelibanzi in terms of section 13(4)(a) of the Magistrates Act, 1993.

2. The Select Committee noted that on 19 December 2007 the Minister of Justice and Constitutional Development on the basis of the Commission’s recommendation that he be removed from office on the ground of misconduct, suspended Mr Zwelibanzi from office in terms of section 13(4)(b) of the Magistrates Act.

3. The Select Committee further noted that Mr Zwelibanzi was convicted of misconduct on two previous occasions (in 1998 and 2003) for infringements that included unauthorized absence from office, failure to enter results of criminal trials in the criminal record book, failure to timeously respond to reviewing judges’ queries and failure to timeously refer a case for automatic review. He had also been convicted of driving a motor vehicle whilst intoxicated, and had been suspended from office for a period of six (6) months by the then Minister of Justice and Constitutional Development. At the most recent misconduct hearing (2007), Mr Zwelibanzi had pleaded guilty to all the charges levelled against him. He again, on numerous occasions absented himself from office without leave or valid cause.

4. In terms of section 13(4)(c) of the Magistrates Act, Parliament must, as soon as is reasonably possible pass a resolution as to whether or not the restoration of Mr Zwelibanzi to the office of magistrate is recommended.

5. The Select Committee is of the view that Mr Zwelibanzi is not a fit and proper person to hold the office of magistrate any longer and therefore recommends that the National Council of Provinces resolves not to restore Mr Zwelibanzi to his office in terms of section 13(4)(c) of the Magistrates Act, 1993.

Report to be considered