1. Mr Suliman is an additional magistrate at the Durban Magistrate Court; he was appointed a magistrate on 3 December 1997 after serving as a prosecutor from 1 July 1992.

2. The investigation instituted by the Commission confirmed that Mr Suliman was charged with indecent assault/crimen injuria in that he allegedly exposed his erect penis to one Ms N V Khumalo, the complainant, a colleague of his, and told her to lie down on the carpet. He appeared in the Regional Court, Durban on 18 March 2005. After a few remands, his case was postponed to 6 October 2005 apparently for trial.

3. On 21 April 2005 the Commission asked Mr Suliman to show cause why a decision to provisionally suspend him from duty with pay, pending the outcome of an investigation into his fitness to hold office, should not be taken. A copy of his response received on 9 May 2005 is included for your attention.

4. At its meeting on 27 May 2005 the commission considered the matter and resolved to advise you to provisionally suspend Mr Suliman from office in terms of section 13(3)(a) of the Act. The following considerations weighed with the Commission.

4.1 Allegations against Mr Suliman are of such a serious nature as to make it inappropriate for him to perform his functions while the allegations are being investigated and that should the allegations be proved true, he would be liable to be removed from office.

4.2 Given the current public opinion against the abuse of women by men, especially sexual harassment at work, Mr Suliman's continued service on the Bench would severely damage the image of the judiciary. His continued service may be construed as some indication of insensitivity.

4.3 Judicial officers are expected to be exemplary in order to inspire confidence in the administration of justice. Although the accusations are still to be proved, the sheer moral depravity of the allegations is such that Mr Suliman should be taken off the Bench in the meantime. As Mr Suliman says in his submissions, the matter has received publicity in the media.

4.4 The alleged assault was at the workplace on a colleague. It would be appropriate to keep Mr Suliman away from that office in the meantime.

5 Allegations of this nature are notoriously difficult to prove sometimes, given the fact that there are seldom witnesses; there is also a vehement denial by Mr Suliman as it appears from his submissions. The recommendation is therefore that he be provisionally suspended with remuneration. This may be reviewed particularly if he is convicted.

6. In the light of the aforegoing, it is recommended that you provisionally suspend Mr Suliman, Additional Magistrate at Durban, from office with remuneration with immediate effect, pending the outcome of an investigation into his fitness to hold the office of magistrate.

7. I concur with the view of the Commission that the existing evidence against Mr Suliman is of such a serious nature that it would justify his removal from office, should he be found guilty of misconduct when so charged.

8. This Report is hereby submitted for Parliament's consideration in terms of section 13(3)(c) of the Act

Signed at Pretoria on 22 August 2005