ATC130418: Report of the Portfolio Committee on Justice and Constitutional Development on the suspension of Magistrate CM Dumani, dated 25 March 2013
the Portfolio Committee on Justice and Constitutional Development on the
suspension of M
, dated 25 March 2013
The Portfolio Committee on Justice and Constitutional Development,
having considered the report on the suspension
, reports as follow
Minister, on the advice of the Magistrates Commission, provisionally suspended
from office with effect from 16
September 2009. The suspension was confirmed by the National Assembly and the National
Council of Provinces on 12 and 17 November 2009 respectively.
determination to withhold his remuneration was approved by the National
Assembly and the National Council of Provinces on 24 and 22 November 2011,
was found guilty of three of four charges of sexual harassment at his
misconduct inquiry and, on 24 May 2010, the presiding officer recommended that
he be removed from office. At is meeting on 26 and 27 August 2010, the
Commission resolved to support the recommendation that he be removed from
office on the grounds of misconduct
2 September 2010, the Commission recommended to the Minister that Mr
be removed from office on grounds of misconduct.
On 13 September 2010, Mr
, however, applied to the Eastern Cape High Court for
it to interdict and restrain the Minister of Justice and Constitutional
Development from taking any further action against him, pending the final
determination of a review application relating to the disciplinary hearing. The
Minister did not oppose the application and the order was granted to Mr
on 21 October 2010.
However, the review
application was opposed. It was dismissed on 12 August 2011. Mr
applied unsuccessfully for leave to appeal against
the order. He then petitioned the Judge President of the Supreme Court of
Appeal and was granted leave to appeal on 21 February 2012.
The Commission appeared before the
Committee 19 October 2011 requesting that the matter be held in abeyance
pending the finalisation of the appeal. The Supreme Court of Appeal dismissed
appeal with costs on 30 November 2012.
The Commission advised the Committee accordingly and, on 7 December 2012,
requested that Mr
matter no longer be held
in abeyance. It remains of the view that the Ministers decision to suspend Mr
, taken in September 2011, still stands.
The Committee is of the view that that,
dismissed, there is no reason why the National Assembly should not consider the
Commissions report and the Ministers request that he be removed from office.
considered the Commissions report on the suspension from office of Mr CM
and the Ministers request, the Committee
recommends that the National
Assembly confirms the suspension.
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