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Magistrates Act, 1993 (Act No. 90 of 1993)

Regulations for Judicial Officers in Lower Courts, 1994

Chapter II : Regulations Regarding Magistrates

Part VI : Incapacity to carry out duties efficiently

27. Procedure of investigation into magistrate's incapacity

 

(1) The Commission may order that an investigation be held into the capacity of a magistrate to carry out his or her duties of office efficiently.

 

(2) An incapacity investigation shall be held as soon as possible by a magistrate or any person designated by the Commission and such magistrate or person shall have the powers referred to in regulation 26(10).

 

(3) The magistrate with regard to whom an incapacity investigation is to be held—
(a) shall in writing be informed by the person who is to conduct the investigation of the date, time and place of the investigation; and
(b) shall have the right—
(i) to a statement in writing of the grounds upon which it is alleged that he does not have the capacity to carry out his or her duties of office in an efficient manner;
(ii) to be present at the investigation;
(iii) to be assisted or represented by another person;
(iv) to testify; and
(v) either personally or through a representative, to—
(aa) be heard;
(bb) call witnesses;
(cc) cross-examine any person who is called as a witness in support of the said allegations; and
(dd) have access to documents which were produced as evidence.

 

(4) The magistrate in respect of whom the investigation is held, shall answer relevant questions of the person who conducts the investigation.

 

(5) After completion of an incapacity investigation the person who conducted the investigation shall make a finding and inform the magistrate concerned and the chairperson of the Commission of the finding.