South Africa: Select Committee on Security and Justice Recommends of Provisional Suspension and Withholding of Remuneration of Gauteng Magistrate

 

The Select Committee on Security and Justice has recommended that the National Council of Provinces (NCOP) confirm the provisional suspension from office of Ms SSE Fredericks, an additional Magistrate at the Johannesburg Magistrates’ Court, and the determination to withhold her remuneration.

Committee Chairperson, Ms Jane Seboletswe Mananiso, said the recommendation to withhold her remuneration is in terms of the Magistrates Act.

She went on to say that the recommendation follows its consideration of the Minister of Justice and Constitutional Development’s report, tabled in Parliament on 1 July 2025. This report, dated 26 June 2025, was based on advice from the Magistrates Commission following an extended period of unauthorised absence by Ms Fredericks since November 2019, during which she continued to receive full remuneration.

The committee previously heard that, the matter was brought to the Commission’s attention in April 2024, when the Secretary of the Commission learned of Ms Fredericks’ prolonged absence during a departmental leave management meeting. Subsequent investigations confirmed her continued absence from her duties at the Booysens Magistrate’s Court, with no official permission or satisfactory explanation provided.

Following a series of internal processes—including attempts to engage Ms Fredericks, legal consultations, and correspondence with the Department of Social Development—the Magistrates Commission resolved in June 2025 to recommend a disciplinary hearing and to advise the Minister that provisional suspension and the withholding of remuneration were warranted.

Ms Mananiso said the committee found that as Ms Fredericks has been absent from duty since November 2019 without authorisation; while continuing to receive full remuneration, her absence has adversely affected the functioning of the court and the administration of justice. Despite being offered the opportunity to respond, Ms Fredericks failed to make any representations to the Commission. All reasonable avenues to resolve the matter were exhausted before a recommendation was made.

She said the committee resolved to recommend that: “Having considered the Minister’s Report concerning the provisional suspension from office of Ms Fredericks, pending the outcome of a hearing into her fitness to hold office as a magistrate, the Committee recommends that the NCOP confirm the provisional suspension of Ms Fredericks. The committee further recommends that the NCOP resolves to confirm the determination to withhold Ms Fredericks remuneration pending the outcome of the hearing into her fitness to hold office as a magistrate,” emphasised the Chairperson.

The committee also adopted the reports on two other magistrates. The committee recommended to the NCOP confirm the provisional suspension from office of Ms TF Kekana, an additional District Court Magistrate at Secunda, Mpumalanga pending the outcome of a misconduct hearing into her fitness to hold office as a magistrate.

Ms Mananiso said the committee also recommended that the NCOP resolves not to restore Ms N Naudé, an additional magistrate in the district court at Kimberley, to the office.

Distributed by APO Group on behalf of Republic of South Africa: The Parliament.