05 Sep 2024

District commissioners are appointed as Magistrates Grade I, II or III on the advice of the Judicial Service Commission, Assistant Minister for State President, Boitumelo Gofhamodimo has said. 

Ms Gofhamodimo said this in response to a parliamentary question recently.

“I am aware that section 8 (3) of the Magistrate Courts Act which provides that the President may, acting in accordance with the advice of the Judicial Service Commission, appoint administrative officers of and above the grade of District Officer as Magistrate I, II or III on the advice of the Judicial Service Commission,” she said.

However, she said district commissioners had not been provided with security given that the provision did not confer the power to try nor decide cases on them, but instead, they played a facilitative role in the judicial process.

“In practice, district commissioners do not perform this function, although they have been duly appointed as administrative officers in terms of section 8 (3) of the Magistrates Court Act. 

This means that the risk of their role in this process is minimal,” she said. 

She also explained that district commissioners were not provided with security because it was also established that most of them no longer performed such function given that the Administration of Justice had adequately resourced the magistracy positions.

She added that in terms of the legislator’s suggestion to relieve district commissioners of the judicial function, it was necessary to review section 8 of the Act to consider whether additional officers were needed other than magistrates to perform such functions. 

Francistown MP, Mr Wynter Mmolotsi had asked the minister if she was aware that offices of the district commissioner performed judicial functions such as preparation of remand warrants, inquest dockets, liberation warrants and confession statements and that such duties exposed them to risk.

Mr Mmolotsi also wanted to know if the minister would consider providing them with security or if not, relieve them of judicial functions given that the Administration of Justice already performed such functions. Ends