ATC101102: Report Withholding of remuneration for Mr. I W O M Morake, Magistrate at Lichtenburg

NCOP Security and Justice

Report of the Select Committee on Security and Constitutional Development on the withholding of remuneration for Mr. I W O M Morake, Magistrate at Lichtenburg, dated 2 November 2010:

 

Introduction

 

The Select Committee on Security and Constitutional Development, having considered the report on the withholding of remuneration of a magistrate, Mr. I W O M Morake, a magistrate at Lichtenburg, tabled by the Minister for Justice and Constitutional Development, in terms of the Magistrates Act, 1993 (Act no 90 of 1993), reports as follows:

 

Background

 

1.                   Mr Morake was convicted by the Lichtenburg Regional Court on two counts of theft on 18 October 2010.

 

2.                   Mr Morake was then provisionally suspended, as approved by the National Council of Provinces on 24 November 2010, pending the outcome of an inquiry into his fitness to hold office.

 

3.                   The Court, on 21 June 2011 sentenced Mr Morake to four years imprisonment on each count in terms of section 276(i) of the Criminal Procedure Act.

 

4.                   Mr Morake filed an application for leave to appeal against the criminal conviction on 19 July 2011.

 

5.                   The Magistrates Commission, after charging Mr Morake with misconduct, commenced the inquiry on 11 April 2011. Mr Morake requested a postponement of the inquiry pending the outcome of the appeal once sentence was imposed. The inquiry would proceed on 26 September 2011.

 

Recommendation to withhold remuneration of provisionally suspended magistrate

 

1.       The Magistrates Commission, after considering Mr Morake’s submission against withholding his remuneration, recommended to the Minister to withhold the remuneration.

 

2.       The Minister concurred with the recommendation, as there was no reason why a magistrate who is on provisional suspension, and who has been convicted of a serious offence by a Court of Law, should continue to receive remuneration during the period he is provisionally suspended from office, pending the outcome of the misconduct enquiry against him.

 

 

Conclusion

The Select Committee on Security and Constitutional Development, having considered the report on the withholding of remuneration of Magistrate I W O M Morake, reports that it concurs with the Minister of Justice and Constitutional Development and recommends that remuneration for Mr I W O M Morake be withheld.

 

 

Report to be considered.