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

6B. Establishment of complaints committee

 

(1) The Commission shall, pending the creation of the structure contemplated in section 6A, establish one or more committees dealing with complaints in terms of this section, consisting of one or more members of the Commission designated by the Commission and one or more other persons, if any, whom the Commission may appoint for a specified period.

 

(2) The provisions of section 6 (2), (3) and (7) shall, with the necessary changes, apply to the extension of the period of appointment of a member of the committee, the designation of a chairperson of the committee and to a meeting of the committee.

 

(3) The Commission shall take all such steps as the Commission deems appropriate so as to ensure that the committee is accessible to the public.

 

(4) Any conduct by a magistrate that is alleged to be improper or to have resulted in any impropriety or prejudice may be reported to the committee by any person by means of a written or oral declaration under oath or after having made an affirmation, specifying—
(a) the nature of the matter in question;
(b) the grounds on which he or she feels that an investigation is necessary; and
(c) all other relevant information known to him or her.

 

(5) The committee shall be competent to investigate and gather evidence in regard to any complaint referred to in subsection (4) in accordance with a procedure prescribed by regulation.

 

(6) The committee shall—
(a) report to the Commission on any finding, point of view or recommendation in respect of a matter so investigated; and
(b) as soon as possible, make the findings of an investigation available to the complainant and to any person implicated thereby.

 

(7) On the date that the regulations contemplated in section 6A come into operation, this section shall lapse.

 

[Section 6B inserted by section 4 of Act No. 35 of 1996]