Deputy Speaker, the Portfolio Committee on Justice and Constitutional Development presents the cases of two magistrates. The portfolio committee recommends to this House that the National Assembly confirms the removal from office as magistrate of Magistrate Mr M Tyulu and Magistrate Ms N E Ndamase and that the salary of Mr Tyulu be withheld.
When magistrates are accused of wrongdoing or unlawful activities, the matter is referred to the Magistrate's Commission where these magistrates are expected to appear and answer to charges brought against them.
In the case of Mr Tyulu, he was found guilty of the sexual harassment of a female accused in a criminal matter before him. To compound matters, Mr Tyulu already had a previous disciplinary record hanging over him.
In the case of Ms Ndamase, she was found guilty on 11 charges of misconduct, ranging from contraventions of the Code of Conduct for Magistrates, negligence in carrying out her duties and absenteeism, to refusal to execute lawful orders.
The Portfolio Committee on Justice and Constitutional Development is satisfied that in both these cases due process has been followed; hence our recommendation that these two be removed from office as magistrates. We ask this House's approval and confirmation of this decision. Thank you.
There was no debate.
Question put: That the Report of the Committee be adopted and the withholding of remuneration of Magistrate M Tyulu be approved.
Question agreed to.
Report adopted and withholding of remuneration of Magistrate M Tyulu accordingly approved.
Question put: That the Report of the Committee be adopted and the removal from office of Magistrate M Tyulu be confirmed. Question agreed to.
Report adopted and removal from office of Magistrate M Tyulu accordingly approved.
Question put: That the Report of the Committee be adopted and the removal from office of Magistrate N E Ndamase be confirmed.
Question agreed to.
Report adopted and removal from office of Magistrate N E Ndamase accordingly approved.
Consideration of INTERIM REPORT OF PORTFOLIO COMMITTEE ON HIGHER EDUCATION AND TRAINING - request for permission in terms of rule 249(3)(b) to inquire into amending other provisions of higher education Act, ACT 101 of 1997
There was no debate.
Question put: That permission be given to the Portfolio Committee on Higher Education and Training to inquire into amending other provisions of Higher Education Act, Act 101 of 1997.
Question agreed to.
Permission accordingly granted to the Portfolio Committee on Higher Education and Training into amending other provisions of Higher Education Act, Act 101 of 1997, in terms of Rule 249(3)(b).