Report of the Portfolio Committee on Justice and Constitutional Development on the provisional suspension from office of Magistrate FR Rambau, dated 16 November 2010:

The Portfolio Committee on Justice and Constitutional Development, having considered the report on the lifting of the provisional suspension of Magistrate FR Rambau, a regional magistrate at Polokwane, pending the outcome of an investigation into his fitness to hold office as a magistrate, reports as follows:

1) 0n 8 February 2010, the Regional Court President of the Limpopo Province informed the Commission that Mr Rambau, a regional magistrate at Polokwane, had been arrested for corruption on 5 February 2010. Mr Rambau was arrested together with the prosecutor and an attorney. It is alleged that Mr Rambau, the prosecutor and the attorney arranged the outcome of a trial by pre-determining the sentence for financial reward.

2) Mr Rambau and his co-accused appeared in the Musina District Court on 8 February 2010 on charges of corruption. The matter was set down for 11 to 13 October 2010.

3) On 8 February 2010, the Ethics Division of the Magistrates Commission informed Mr Rambau in writing that the Commission was contemplating recommending that he be provisionally suspended from office, pending the outcome of an investigation into his fitness to hold office. He was requested to show cause, in writing, why such a decision should not be taken.

4) At its meeting held on 26 August 2010, the Commission, having considered Mr Rambau’s response, resolved to advise the Minster to provisionally suspend Mr Rambau from office in terms of section 13(3)(a) of the Act. The Commission is of the view that that the charges against Mr Rambau are of such a serious nature as to make it inappropriate for him to continue to perform the functions of a Magistrate while the allegations are being investigated. The Commission is of the view that the alleged conduct by MR Rambau s of such a serious nature that it would justify his removal from office if he were found guilty of the misconduct charges preferred against him.

5) In light of the above, the Minster decided to provisionally suspend Mr Rambau from office pending the outcome of an investigation into his fitness to hold office of a Magistrate.

Recommendation

Having considered the report on the provisional suspension of Magistrate FR Rambau, the Committee recommends that the National Assembly confirms the provisional suspension.

Report to be considered.