ATC171101: Report of the Select Committee on Security and Justice on the suspension from Office of Magistrate of Ms V T Gqiba, the Chief Magistrate at East London, tabled in terms of section 13(4)(b) of the Magistrates Act, 1993 (Act No 90 of 1993), dated 01 November 2017

NCOP Security and Justice

Report of the Select Committee on Security and Justice on the suspension from Office of Magistrate of Ms V T Gqiba, the Chief Magistrate at East London, tabled in terms of section 13(4)(b) of the Magistrates Act, 1993 (Act No 90 of 1993), dated 01 November 2017
 

1. Introduction

 

The Select Committee on Security and Justice, having considered the Magistrates Commission’s report, dated 13 September 2017, on the suspension of a magistrate, Ms V T Gqiba, the Chief Magistrate at East London, tabled by the Minister for Justice and Correctional Services, in terms of Section 13(4)(b) the Magistrates Act, 1993 (Act no 90 of 1993), reports as follows:

 

1. Background

 

1. The Magistrates Commission charged Ms VT Gqiba with two counts of misconduct.

 

1. Misconduct charges

 

1. Ms Raphahlelo, the head of the Cluster and Chief Magistrate, Port Elizabeth had arranged a meeting between the members of the Family Court Sub-committee of the Chief Magistrates Forum (CMF), of which Ms Gqiba is a member, and the Department of Social Development to be held on 23 March 2015.
2. On 13 March 2015 one of the members requested an alternative date. An alternative date could not be arranged and the meeting was cancelled. All the members, including Ms Gqiba, were informed of the cancellation on 18 March 2015.
3. Ms Raphahlelo informed Ms Gqiba again on that day that the meeting scheduled for 23 March 2016 was cancelled.
4. Ms Gqiba, although advised of the cancellation of the meeting for 23 March 2016, travelled to Pretoria on State expense, purportedly to attend the meeting. Ms Gqiba attended to matters of a personal nature on that day.  
5. Ms Gqiba did not have official authority from her Head of Cluster to travel to Pretoria on 23 March 2016.
6. The trip cost the Department R6803.87.
7. Ms Gqiba submitted a travel and subsistence claim dated 24 March 2015 for R595.87, certifying that the expenditure she incurred was for official purposes to attend a Child protection register meeting in Pretoria.
8. Ms Gqiba intentionally misrepresented to the Department of Justice and Correctional Services that she was entitled to the claim and that the claim was incurred on official business when in fact the costs were incurred to attend to matters of a personal interest.
9. The Magistrates Commission resolved to charge Ms Gqiba with contravening Regulation 25(i) of the Regulations for Judicial Officers in the Lower Courts (the Regulations) read with Regulation 26(17) of the Regulations and Section 16 of the Magistrates Act, in that on or about 23 March 2015, she made a false or incorrect statement, with a view to obtaining any privilege or advantage in relation to her official position, or her duties, or to the prejudice of the administration of justice. An additional charge was laid in terms of Regulation 25(b) read with paragraphs 1 and 4 of the Code of Conduct for Magistrates as published in Schedule E to the said Regulations in that Ms Gqiba failed to act with integrity and or failed at all times to act in a manner which upholds the good name, dignity and esteem of the office of magistrate and the administration of justice.
10. The charge sheet dated 29 September 2016 was served on her on 3 October 2016.

 

1. Misconduct inquiry

 

1. The misconduct inquiry commenced on 25 April 2017.
2. The Person Leading Evidence (PLE) provided proof that on previous occasions Ms Gqiba was severely reprimanded by the then Chairperson of the Magistrates Commission, Mr Judge President BM Ngoepe, for similar transgressions.
3. Ms Gqiba attended a course in Copenhagen and received an amount of R12598.00 as incidental expenses but could not furnish authority for the expenses incurred which resulted in a loss to the Department.
4. On two other occasions Ms Gqiba claimed for air tickets from the Magistrates Commission that was already paid for and had the air tickets money paid into her account.
5. On another occasion Ms Gqiba claimed for transport and subsistence expenses that was already fully covered and paid for by the Department.
6. The Presiding Officer heard mitigating evidence on 1 and 2 June 2017.
7. The Presiding Officer on 2 June 2017 recommended in terms of Regulation 26(17)(b) of the Regulations that Ms Gqiba be removed from office as contemplated in section 13(4) of the Magistrates Act.
8. The Presiding Officer heard both parties and on the merits of the evidence found Ms Gqiba guilty on both counts of misconduct on 26 April 2017.
9. The Magistrates Commission at its meeting held on 25 August 2017, considered the documents as required by Regulation 26(22) read with regulation 26(19) of the Regulations and resolved to recommend to the Minister that the recommendation of the Presiding Officer be accepted and that Ms Gqiba be removed from the Office of Magistrate.
10. The Magistrates Commission noted that Ms Gqiba’s conduct, of which she was found guilty, is so serious that it justifies her removal from office. Her conduct displayed dishonesty which puts her integrity as a judicial officer in serious doubt and renders her unfit to hold the Office of Magistrate.

 

1. Recommendation to suspend and remove Ms VT Gqiba from the office of Magistrate

 

1. The Minister, in terms of Section 13(4)(a), of the Magistrates Act, if the Magistrates Commission recommends that a magistrate be removed from office on inter alia the basis of misconduct, must suspend that magistrate from office or, if the magistrate is provisionally suspended from office, confirm the suspension. A report in which such suspension and the reasons therefore are made known, must be tabled in Parliament by the Minister within fourteen (14) days of such suspension, if Parliament is then in session, or, if Parliament is not then in session, within fourteen (14) days after the commencement of its next ensuing session.
2. Parliament must then as soon as is reasonably possible, pass a resolution as to   whether or not the restoration of his/her office of the Magistrate so suspended is recommended.
3. After a resolution has been passed by Parliament as contemplated in paragraph 2 above, the Minister shall restore the Magistrate concerned to his/her office or remove him/her from office, as the case may be.
4. The Minister for Justice and Correctional Services suspended Magistrate VT Gqiba from office on 13 September 2017.

 

1. Committee recommendation to the NCOP for approval

 

The Select Committee on Security and Justice, having considered the disciplinary proceeding report from the Magistrates Commission and the Minister’s suspension and removal of Ms VT Gqiba from the Office of Magistrate, reports that it concurs with the suspension and recommends that the National Council of Provinces confirms Ms VT Gqiba’ suspension from the Office of Magistrate.

 

 

Report to be considered.