12.2. In terms of section 13(4) (a) of the Magistrates Act, 1993 (Act no 90 of 1993) the Minister for Justice and Constitutional Development, if the Magistrates Commission recommend 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 at that stage provisionally suspended in terms of the Act, confirm the suspension.