Issued by: Department of Justice
The Magistrates' Commission investigated the matter regarding an accused Magistrate of Himville, who was back at work. Mr Michael Bhekuyise Mnikathi, a 44-year-old magistrate was arrested in April for allegedly defrauding the Justice Department out of R520 000, but was back at work the following week at Himville Magistrate's Court while on R5 000 bail.
There was a public outcry that he was allowed back at work while charges were still pending. The co-chairman of the Law Society of South Africa and President of the Natal Law Society of South Africa and President of the Natal Law Society, Mr Julian von Klemperer cautioned that he should not be allowed to deal with cases while charges are pending, as that would undermine public confidence in the Bench. He advised that he should be restricted to a less crucial role until the matter was resolved.
After a thorough consideration of the facts placed before it, the Commission has decided, with effect from 1 May 1999, to provisionally suspend him as magistrate from office with remuneration in terms of Section 13 (3) (a) of the Magistrates Act, 1993. (Act 90 of 1993), pending an investigation by the Commission into his fitness to hold office.
The Commission stated that is was unacceptable for a magistrate who is out on bail, on charges of fraud, to continue with his normal duties as a magistrate, and moreover, as the head of office.
ISSUED BY THE CHIEF DIRECTORATE: COMMUNICATIONS SERVICES, DEPARTMENT OF JUSTICE.
PRETORIA
DATE: 5 MAY 1999
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