Magistrates appear before disciplinary hearing
TWO magistrates who allegedly incited others to strike over salary increases had to answer yesterday to accusations they acted without integrity and harmed the image of the judiciary.
Nazeem Joemath, an East London magistrate and president of the Judicial Officers' Association of SA (Joasa), and Joasa secretary and Annalene Larsen, a Port Elizabeth magistrate, appeared before a disciplinary hearing in Pretoria to answer to the misconduct charges the Magistrates Commission had brought against them.
In March last year, magistrates went on a go-slow, seeing court rolls clogged as a result of cases being postponed. By May, they strengthened their efforts and began a two-day stayaway, which Joemath and Larsen supported.
Joemath and Larsen, who have served 24 and 10 years as magistrates respectively, face three charges of misconduct relating to statements released to Joasa members, while Joemath faces an additional charge of misconduct for speaking to the media.
The statements, issued on March 5 last year on behalf of Joasa, called on magistrates to engage in industrial action.
The charge sheet says the Magistrates Commission regarded this as unlawful and unprocedural conduct.
It said Joemath had acted without integrity and to the detriment of the discipline or efficiency of the administration of justice.
Yesterday, Joemath denied any wrongdoing and said his conduct was not unlawful.
He referred magistrate Lucas van der Schyff, who is presiding over the hearing, to his full statement to members of Joasa, in which he also said it was no easy decision to call for industrial action.
In the March 5 statement, he also said: "It nauseates those elected to lead this proud and prestigious association to be compelled to make this ridiculous decision."
Commission secretary Daniel Schoeman told the hearing Joemath acted to the detriment of the image of the judiciary.
The hearing continues today and Joemath's advocate Jaap Cilliers will argue for the charges to be dismissed. - Leonie Wagner
