Report of the Select Committee on Security and Constitutional Development on the Provisional Suspension from Office of Magistrate W J M Prinsloo, dated 19 May 2010

 

Introduction

 

The Select Committee on Security and Constitutional Development, having considered evidence relating to the report on the provisional suspension from office of Magistrate of Mr W J M Prinsloo, an additional Magistrate at Ermelo, KwaZulu Natal, 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:

 

Background

 

1.                   The Select Committee heard evidence from the representatives of the Magistrates Commission concerning the matter of the provisional suspension from office of Magistrate W J M Prinsloo on 3 March 2010.

 

2.                   The investigation instituted by the Commission confirmed that ten complaints by a female clerk employed at the Ermelo Magistrate’s Office, Ms S C Van Wyk, were filed against Mr Prinsloo. It is alleged that Mr Prinsloo, during the period 18 April 2008 to 5 May 2008 on ten different occasions conducted himself in an unbecoming and embarrassing manner by phoning Ms Van Wyk and leaving lewd and suggestive messages on her voicemail.

 

3.                   On 14 July 2009 the Ethics Committee of the Magistrates Commission requested Mr Prinsloo to show cause why a decision to provisionally suspend him from duty pending the outcome of an investigation into his fitness to hold office, should not be taken. On 8 September 2009 Mr Prinsloo, in his response stated that:

                                                                           i.      The incidents happened more than a year ago. Since then no similar incidents have occurred,

                                                                         ii.      The incidents happened during a very difficult time in his personal life,

                                                                        iii.      The criminal case has already been withdrawn against him, 

                                                                        iv.      The dispute between the complainant and himself has already been resolved through the mediation process,

                                                                          v.      ln view thereof he should not be suspended and that no further steps should be taken against him,

                                                                        vi.      One of the resolutions made during the mediation process was that the complainant would request that all criminal and misconduct steps be withdrawn against him. The complainant has addressed a letter dated 25 August 2009 where she requested that the misconduct steps against him be withdrawn, and

                                                                       vii.      Once all criminal and misconduct steps have been withdrawn against him, he will apply for a suitable post as soon as posts are advertised.

 

4.                   At its meeting held on 26 November 2009 the Commission, having considered Mr Prinsloo’s response and Ms Van Wyk’s letter as well as further representations from Mr Prinsloo, his Judicial Head and the Chief Magistrate, Nelspruit resolved to recommend that Mr Prinsloo be provisionally suspended from office in terms of section 13(3)(a) of the Act. The following considerations weighed with the Commission:

 

                                       I.      Allegations against Mr Prinsloo are of such a serious nature as to make it inappropriate for him to perform his functions while the allegations are being investigated and that should the allegations be proven true, he would be liable to be removed from office.

 

                                     II.      Given the current public opinion against the abuse of women by men, Mr Prinsloo’s continued service on the Bench would severely damage the image of the judiciary. His continued service may be construed as some indication of insensitivity.

 

                                    III.      Judicial Officers are expected to be exemplary in order to inspire confidence in the administration of justice. Although the accusations are still to be proven; the sheer moral depravity of the allegations is such that Mr Prinsloo should be taken off the Bench in the meantime.

 

                                  IV.      The nature of Mr Prinsloo’s response to the allegations implies that he may elect not to deny the allegations. The complainant made it a condition of her withdrawal of the criminal charges that Mr Prinsloo be transferred from the office. The recommendation is therefore that he be provisionally suspended from office.

 

Committee recommendation

 

The Select Committee on Security and Constitutional Development, having considered the report on the provisional suspension from office of Magistrate W J M Prinsloo, recommends that the National Council of Provinces confirms the provisional suspension from office of Magistrate of Mr W J M Prinsloo.

 

Report to be considered.