Report of the Select Committee on Security and Constitutional Development on the Provisional Suspension from Office of Magistrate C M Dumani, dated 28 October 2009.

Introduction

The Select Committee on Security and Constitutional Development, having considered the report on the provisional suspension from office of Magistrate C M Dumani, a Magistrate at Graaf Reinet, pending the outcome of an investigation into his fitness to hold office as a magistrate, as required in terms of section 13(3)(a) of the Magistrates Act, 1993 (Act no 90 of 1993), reports as follows:

Background

1. The Select Committee heard evidence from the representatives of the Magistrates Commission on 09 October 2009, concerning the matter of the provisional suspension from office of Magistrate Mr C M Dumani.

2. Magistrate Dumani was appointed as an Acting Magistrate with effect from 01 November 2008.

3. The Magistrates Commission reported that an investigation revealed that four complaints by four female employees, employed at the Graaf Reinet Court House, were filed against Mr Dumani.

4. It is alleged during the period December 2008 and January 2009 on different occasions Mr Dumani conducted himself in an unbecoming and embarrassing manner by stroking the cheek of a cleaner and a security officer and tickling the back of the neck of a cleaner. It is alleged that he also stuck his hand between the Clerk of the Court’s breasts. Mr Dumani denies all the allegations against him.

5. On 5 March 2009 the Executive Committee of the Magistrates Commission resolved to charge Mr Dumani with four counts of misconduct.

6. At a meeting held on 29 and 30 July 2009, the Magistrates Commission considered the matter and resolved to provisionally suspend Mr Dumani from office pending the outcome of an investigation into his fitness to hold office as a Magistrate, as required in terms of section 13(3)(a) of the Magistrates Act, 1993 (Act no 90 of 1993).

Committee recommendation

The Select Committee on Security and Constitutional Development, having considered the report of the Magistrates Commission on the provisional suspension from office of Magistrate C M Dumani, a Magistrate at Graaf Reinet, tabled by the Minister for Justice and Constitutional Development in terms of section 13(4)(b) of the Magistrates Act, 1993 (Act no 90 of 1993), recommends that the National Council of Provinces confirm the provisional suspension of Magistrate C M Dumani pending the outcome of the investigation.

Report to be considered.