Report of the Select Committee on Security and Constitutional Affairs on the provisional suspension from office of Magistrate A Bacharam, dated 12 November 2008:

The Select Committee on Security and Constitutional Affairs, having considered the report on the provisional suspension from office of Magistrate A Bacharam tabled by the Minister for Justice and Constitutional Development in terms of section 13(3)(b) of the Magistrates Act, 1993 (Act no 90 of 1993), reports as follows:

1. The Select Committee noted from the report tabled by the Minister for Justice and Constitutional Development that the Magistrates Commission resolved on 7 March 2008 to recommend that Ms Bacharam be provisionally suspended from office in terms of section 13(3)(a) of the Magistrates Act, 1993.

2. The Select Committee noted that Ms Bacharam has been criminally charged for defeating or obstructing the Administration of Justice. It is alleged that Ms Bacharam was charged for a traffic offence and that she was summoned to appear in the Scottburgh district court on 13 December 2005. She had an option to pay an admission of guilty fine of R300-00 (three hundred rand). On 27 October 2005 she was approached in her office by the Sheriff for service of the summons. Instead of accepting service of the summons she called an interpreter to her office and requested her to accept service of the summons on her behalf. The interpreter subsequently signed on the return of service and left Ms Bacharam’s office. On 13 December 2005, the date of trial, all traffic summonses were brought before Ms Bacharam. She dealt with the cases, including her own. She herself struck case no B7309/05 in which she was an accused, from the roll. The case was thereafter filed. She did not pay the admission of guilt fine.

3. A misconduct inquiry was set down by the Magistrates Commission for 30 May 2008. Ms Bacharam’s representative requested a postponement of the inquiry pending the finalization of the criminal case against her.

4. The Select Committee was advised that the criminal matter stands postponed until 20 November 2008.

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.

6. The Select Committee therefore recommends that the Council resolves to confirm the provisional suspension of Ms Bacharam in terms of section 13(3)(c) of the Magistrates Act.

Report to be considered.