Magistrates Act, 1993 (Act No. 90 of 1993)Regulations for Judicial Officers in Lower Courts, 1994Chapter II : Regulations Regarding MagistratesPart VII : Removal from office on account of continued ill-health29. Procedure of investigation |
| (1) | The Commission may order that an investigation be held regarding the removal of a magistrate from office on account of continued ill-health. |
| (2) | The Commission shall before the commencement of a health investigation inform the magistrate of that investigation. |
| (3) | The magistrate in respect of whom a health investigation is conducted, shall without delay after receipt of the notice of the investigation submit a medical report from a medical practitioner of his or her own choice to the Commission. |
| (4) | In addition to subregulation (3), the Commission may order that a magistrate subject himself or herself to a medical examination by a medical practitioner designated by the Commission, whereafter that medical practitioner shall submit a medical report to the Commission. |
| (5) | The costs of the medical examinations contemplated in subregulations (3) and (4) shall be paid by the State. |
(6)
| (a) | If the Commission, after considering a medical report in terms of this regulation, together with any relevant information, is of the opinion that the magistrate concerned does not have the capacity to carry out his or her duties of office in an efficient manner due to continued ill-health, the Commission shall— |
| (i) | furnish the magistrate concerned with a statement, in writing, of its view and the reasons therefor; and |
| (ii) | forward without delay to the magistrate concerned, the medical reports and any other relevant documents or certified copies thereof which are not in the possession of the magistrate concerned. |
| (b) | The magistrate concerned may, within 10 working days after the date on which the opinion of the Commission has come to his or her notice, submit to the chairperson of the Commission written comment regarding the opinion. |
(7)
| (a) | The Commission shall consider the medical reports, together with the comments of the magistrate contemplated in subregulation (6)(b), if any. |
| (b) | The Commission shall, if it is of the opinion that the magistrate concerned should be removed from office due to continued ill-health, recommend to Parliament that the magistrate concerned be removed from office as contemplated in section 13 of the Act. |