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  • Home »
  • Hansard »
  • 2013 »
  • November »
  • 12 »
  • PROCEEDINGS OF THE NATIONAL ASSEMBLY (Tuesday, 12 November 2013)

CONSIDERATION OF REPORT OF PORTFOLIO COMMITTEE ON JUSTICE AND CONSTITUTIONAL DEVELOPMENT - PROVISIONAL SUSPENSION OF MAGISTRATE J F VAN SCHALKWYK, CHIEF MAGISTRATE AT KEMPTON PARK

  • ← CONSIDERATION OF REPORT OF PORTFOLIO COMMITTEE ON JUSTICE AND CONSTITUTIONAL DEVELOPMENT - SUSPENSION FROM OFFICE OF MAGISTRATE F K S NTULI
  • CONSIDERATION OF REPORT OF PORTFOLIO COMMITTEE ON ARTS AND CULTURE →
  • Picture of Luwellyn Tyrone Landers
    Mr L T Landers 12 Nov 2013 hansard

    Hon Chairperson, I rise to present to you our reports on two magistrates. The first one is Magistrate F K S Ntuli. As you will recall, we appeared before this House asking for Magistrate Ntuli to be provisionally suspended pending the outcome of disciplinary processes within the Magistrates Commission. Those processes have been finalised and Magistrate Ntuli was found not guilty of the misconduct charge levelled against him. Consequently, the commission is of the view that it cannot justify the continuation of Mr Ntuli's provisional suspension from office and recommended that the Minister lift the suspension with immediate effect. Ours is to say to this House, please confirm the lifting of Magistrate Ntuli's suspension.

    Hon Chairperson, I then present to you our request for the provisional suspension of Magistrate Miss J F van Schalkwyk, Chief Magistrate at Kempton Park, who is alleged, among other things, to have refused to execute a lawful order, in addition to allegations ralating to: derogatory, disrespectful and insulting behaviour to both the Chief Magistrate and the Chief Justice; severe abuse of power as judicial head of the Office, especially with reference to the magistrates under her control by utilising them for non official purposes during official court hours; gambling during official hours; borrowing money from subordinates and an attorney who deals with her courthouse in an official legal capacity; and, finally, defeating the ends of justice and making misrepresentations to the Judge President in Gauteng during her stint as the Acting Judge by handing down judgments that were not written by herself, but by magistrates under her control and on occasion by an attorney.

    We are asking this House to uphold the provisional suspension of Magistrate Miss J F van Schalkwyk on the grounds that I have just mentioned. Thank you.

    There was no debate.

    Question put: That the Report of the Committee be adopted and the upliftment of the provisional suspension of Magistrate F K S Ntuli be confirmed.

    Question agreed to.

    Report adopted and upliftment of the provisional suspension of Magistrate F K S Ntuli accordingly confirmed.

    Question put: That the Report of the Committee be adopted and the provisional suspension of Magistrate J F van Schalkwyk be confirmed.

    Question agreed to.

    Report adopted and provisional suspension of Magistrate J F van Schalkwyk accordingly confirmed.

    Link in context Link
  • ← CONSIDERATION OF REPORT OF PORTFOLIO COMMITTEE ON JUSTICE AND CONSTITUTIONAL DEVELOPMENT - SUSPENSION FROM OFFICE OF MAGISTRATE F K S NTULI
  • CONSIDERATION OF REPORT OF PORTFOLIO COMMITTEE ON ARTS AND CULTURE →

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