4. At its meeting, held on 29 and 30 November 2012, the Commission, having considered Mr Ntuli's response dated 18 September and 3 October 2012, resolved to recommend that Mr Ntuli be provisionally suspended from office in terms of section 13(3) (a) of the Magistrate Act 93 of 1993, pending the investigation into his fitness to hold office. The Commission is of the view that the existing evidence against Mr Ntuli is of such a serious nature as to make it inappropriate for him to perform the functions of a magistrate while the allegations are being investigated.