A Limpopo magistrate, who acquitted an accused without a proper hearing, is facing the prospect of being booted out of the public office.
This comes after the Magistrate’s Commission has recommended to Parliament the removal of the magistrate after the conclusion of a disciplinary process.
The Magistrate’s Commission has formally tabled its report to the select committee on security and justice, asking to approve their recommendation.
The commission’s ethics committee chairperson Naome Manaka said the complaint against the female magistrate arose from special review judges in the high court that looked into one of the cases she had over at Lenyenye Magistrate’s Court in 2018.
Manaka said the judgement found the 59-year-old magistrate was dishonest, her behaviour inappropriate and brought the name of the magistracy into disrepute.
She said the magistrate had sat in a matter that was postponed and acquitted the accused before the matter was brought before court in the absence of the prosecuting team.
“After it was discovered that she acquitted an accused without a proper hearing, the head office took the matter on special review,” she said.
Manaka also said it was found that she was not dishonest but brought the judiciary into disrepute.
“We submit that Ms Govender is not fit to be a magistrate. She was dishonest. There was travesty of justice. She did not follow the correct process and, basically, she brought the administration of justice into disrepute,” she told the MPs.
In her report to the committee, Manaka said the magistrate was charged for, amongst others, providing false information to the reviewing judge and changing an accused plea without legal justification.
She also was invited during August 2023 to furnish the Magistrate’s Commission with representations why the commission should not recommend that she be provisionally suspended from office. She did not address the issue of her possible suspension or charges against her.
“(The) Magistrate in this regard elected to remain silent.”
The commission recommended to the Justice Minister that the magistrate be provisionally suspended from office and the suspension took effect on 20 December 2023.
Manaka said the magistrate was served with the notice of the misconduct hearing for the 28 and 29 February 2024.
“(She) did not attend the misconduct hearing the 28 and 29 February 2024. The judicial presiding officer made an order in terms of Regulation 26(14) (a) that the misconduct hearing must proceed in the absence of (the magistrate). The judicial presiding officer was satisfied that proper notice of hearing has been handed to (her) and that she was aware of the misconduct hearing.”
Manaka said two witnesses gave testimony at the hearing and judgment handed down in April 2024 found the magistrate guilty of misconduct.
Although the magistrate was again invited to make presentation on the sanction, she snubbed the opportunity.
“Having regard to the nature and the seriousness of the misconduct charges of which she has been found guilty, the commission is in agreement with the presiding officer's recommendation that the only appropriate sanction would be that (she) be removed from office as contemplated in section 13(4)(a)(i) of the Magistrate Act, 90 of 1993.”
Manaka said their recommendation was that the magistrate be removed from office as a magistrate.
“We request this committee to approve,” she said.
Committee chairperson Jane Mananiso said they noted with concern that the offending magistrate contravened the magistrate’s Act, the regulations of judicial officers and the code of conduct by changing an accused’ plea of guilty and acquitted him without a trial and provided incorrect information to the review judge.
“We have a fully fledged report that this was misconduct by someone who was not supposed to do what she was doing. We know as South African we always speak about ethical developmental state. It is about fit for purpose and doing things ethically,” she said.
Mananiso said the committee would deliberate on the report and make a decision in the next term upon their return from constituency period.