Hypocritical ANC fail to hold errant magistrate to account

Dear Editor

During the meeting of the Justice Portfolio Committee today, 15 February 2017, and during a discussion on a request by the Magistrates’ Commission to suspend the Regional Court President of the North West Province, Ms Monaledi, the ANC members of the Committee, in the face of a comprehensive preliminary investigation into the fitness of her to hold office, unanimously declined to support her suspension.

The allegations contained in the Report of the Magistrates’ Commission against Ms Monaledi are of an extremely serious nature and include the following:

• Ms Monaledi refused to co-operate with the investigation and declined to provide her version of events;
• Ms Monaledi was absent from her office for an average of 71.49% of the time over the period 2013 to October 2017;
• It could not be confirmed that Ms Monaledi was in fact in her office for the remaining 28.51% of the time;
• Ms Monaledi does not render any court work in the Regional Court in area of jurisdiction;
• Ms Monaledi claimed a total amount of R953 838.56 over the period 2013 to October 2015. Some of these claims amounted to overpayments, some to fruitless expenditure, some to false claims in respect of South African Judicial Education Institute (SAJEI) and some were false claims in respect of the Magistrates Commission;
• The information supplied in support of the claims is contradicted by independent information.

The suspension was supported by the Minister of Justice, who provisionally suspended Ms Monaledi on 30 November 2016 after he had given the matter due consideration. Despite this, the ANC members of the Portfolio Committee today decided to ignore this, suggesting instead that there was an ulterior motive to suspend only black magistrates.

The ANC, who claimed this week in Parliament to be serious in the fight against corruption, again demonstrated that they are not capable of walking their own talk. They have refused to suspend a Regional Court President, who is employed in high office to give direction to the Region and to sit on the bench in her division. Instead she has been largely absent from the office, conducted her personal affairs in office hours and submitted claims for reimbursement that give rise to grave concerns.

Ms Monaledi will appear before a disciplinary committee shortly to answer these charges. While everyone is entitled to be considered innocent until proven guilty, the allegations are serious and the evidence is overwhelming and damning.

Pending the hearing, it is abundantly clear that this person should not be on the bench. This person should not be allowed to occupy a position where she sits (even only in theory) in judgement over others. She sets a shockingly bad example to her juniors and her peers. She brings the criminal justice system into disrepute.

Today, the ANC members of the Justice Portfolio Committee did exactly the same thing and once again let the people of South Africa down.

Regards

Glynnis Breytenbach MP
DA Shadow Minister of Justice and Constitutional Development