ATC121129: Report of the Select Committee on Security and Constitutional Development on the Suspension from Office of Magistrate M Tyulu and Withholding of Remuneration for Magistrate M Tyulu, dated 28 November 2012.
NCOP Security and Justice
Report of the Select
Committee on Security and Constitutional Development on the Suspension from
Office of Magistrate M
Tyulu
and Withholding of
Remuneration for Magistrate M
Tyulu
,
dated 28 November 2012.
Introduction
The Select Committee on Security and
Constitutional Development, having considered the report
on the suspension from office on the
grounds of misconduct of Magistrate M
Tyulu
an
additional magistrate at Cape Town, tabled in terms of section 13(4
)(
b) of the Magistrates Act, No 90 of 1993 and having
considered the report dated 30 July 2012 on the withholding of remuneration of
Magistrate M
Tyulu
, reports as follows:
Background
1.
Mr
Tyulu
had been charged
with, and after the conclusion of the misconduct inquiry, found guilty of
sexual harassment involving a female accused who appeared before him in a
pending criminal case at the Cape Town Magistrates Office.
2.
The Presiding Officer noted that Mr
Tyulu
had previously been found guilty on four counts of
misconduct and of trying to borrow money from
a member of the public who was waiting for a domestic
violence hearing
and that he was severely
reprimanded at the time. On 17 October 2011, the Presiding Officer recommended
that Mr
Tyulu
be removed from office.
3.
In November 2011, the Magistrates Commission
received representations in mitigation from Mr
Tyulus
representative. The Presiding Officer elected not to forward any additional
reasons for his recommendation to the Magistrates Commission.
4.
On 25 February 2012, the Executive Committee of the
Commission considered the Presiding Officers findings and recommendation, as
well as the representations received on Mr
Tyulus
behalf and resolved to support the recommendation of the Presiding Officer for
Mr
Tyulus
removal from office. It is of the view
that Mr
Tyulus
conduct is so serious that it renders
him unfit to hold the office of Magistrate and justifies his removal from
office.
5.
The Minister of Justice and Constitutional
Development, having considered the Magistrate Commissions recommendation to
suspend Mr
Tyulu
from office, confirmed Mr
Tyulus
suspension from office.
6.
Mr
Tyulu
was given an
opportunity to show why his remuneration should not be withheld. The Commission
considered the representations made but determined to withhold his
remuneration. The Commission is of the view that the withholding of Mr
Tyulus
remuneration is justified, pending the
consideration by Parliament of a recommendation to remove him from office.
There seems to
be no reason why a magistrate on suspension, who is not fit to hold office and
who is being removed from office for that reason, should be remunerated for the
period during which he is suspended prior to his removal.
Recommendation
Having considered the
Commissions reports on the suspension from office and on the withholding of Mr
M
Tyulus
salary, the Committee
recommends that the National Council of
Provinces confirms his suspension from office as a Magistrate and confirms the
withholding of Mr
Tyulus
salary.
Report to be
considered.
Documents
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