ATC091111: Report on Provisional Suspension from office of Magistrate CM Dumani

Justice and Correctional Services

Report of the Portfolio Committee on Justice and Constitutional Development on the provisional suspension from office of Magistrate CM Dumani, dated 11 November 2009:

 

The Portfolio Committee on Justice and Constitutional Development, having considered the report on provisional suspension 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:

 

1.                   The Committee notes from the report tabled by the Minister for Justice and Constitutional Development that the Magistrates Commission resolved on 30 July to recommend that Mr CM Dumani be provisionally suspended from office in terms of section 13(3)(a) of the Magistrates Act, 1993:

 

            Mr Dumani is alleged on four different occasions to have conducted himself in an unbecoming and embarrassing manner by stroking the cheek of a cleaner and security officer; tickling the back of the neck of a cleaner; and sticking his hand between the breasts of the clerk of court. Mr Dumani denies the allegations.

            On 5 March 2009, the Commission resolved to charge Mr Dumani with four counts of misconduct. The inquiry was set down for 15 May 2009, but did not occur. It was then set down for 5 and 6 August 2009.

            On 6 March 2009, the Commission asked Mr Dumani to give reasons why he should not be provisionally suspended. Mr Dumani’s legal representative indicated that Mr Dumani did not wish to make representations regarding his provisional suspension.

 

2.                   In terms of section 13(3)(c) of the Magistrates Act, 1993, Parliament must, as soon as is reasonably possible, pass a resolution as to whether or not the provisional suspension of a magistrate is confirmed.

 

3.                   Having considered the Commission’s report on the provisional suspension, the Committee recommends that the National Assembly confirm the provisional suspension of Magistrate C M Dumani, pending the outcome of an investigation into his fitness to hold office as required in terms of section 13(3)(b) of the Magistrates Act, 1993.

 

Report to be considered.