The Select Committee on Security and Justice in the National Council of Provinces (NCOP) has recommended that suspended Kempton Park Chief Magistrate, Judy van Schalkwyk should be removed from office.
This is reflected in the daily parliamentary publication on announcements, tablings and committee reports (ATC).
The committee says its decision comes after considering the Magistrates Commission Report that was tabled by the Justice and Correctional Services Minister on 27 July 2021.
It also considered legal advice from Parliament.
Van Schalkwyk faced multiple counts of misconduct dating back to 2013. She was suspended pending an investigation into her fitness to hold office.
The Magistrates Commission subsequently submitted a report to the Minister following the outcome of an inquiry that she should be dismissed.
According to the Select Committee report, – one of the Magistrates Commission’s recommendations for van Shalkwyk’s removal from office.
“The undisputed fact that she borrowed monies from a local attorney, who frequently appeared at the Kempton Park Magistrates Court, to pay for her overseas trip, on its own, – justifies her removal from office,” says the report.
The committee report also reflects how Van Schalkwyk unsuccessfully made various attempts to challenge her misconduct case legally.
Her attorney also wrote to the committee to stop the process pending the outcome of her review application.
However, following legal advice from Parliament, the committee proceeded as reflected in the report.
The report will be brought before the National Council of Provinces for final approval.