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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

28. Procedure after a finding of incapacity

 

(1) If the person who conducts an incapacity investigation finds that the magistrate concerned does not have the capacity to carry out his or her duties of office in an efficient manner—
(a) he or she shall furnish the magistrate concerned with a statement, in writing, of his or her finding and the reasons for the finding; and
(b) he or she shall forward without delay to the chairperson of the Commission the record of the proceedings of the investigation and all documentary evidence or certified copies thereof admitted at the investigation, as well as a written statement of his or her reasons for the finding and any observations on the case which he or she may desire to make.

 

(2) The magistrate concerned may, within 10 working days after the date on which the finding of an incapacity hearing has come to his or her notice, submit to the chairperson of the Commission written comment regarding the findings and the reasons therefor.

 

(3)

(a) The Commission shall consider the relevant documents regarding an incapacity investigation, together with the comments of the magistrate contemplated in subregulation (2), if any.
(b) The Commission shall, if it is as a result of an incapacity investigation, of the opinion that a magistrate should be removed from office due to incapacity, recommend to Parliament that the magistrate be removed from office as contemplated in section 13 of the Act.