ATC130418: Report of the Portfolio Committee on Justice and Constitutional Development on the suspension of Magistrate CM Dumani, dated 25 March 2013

Report of the Portfolio Committee on Justice and Constitutional Development on the suspension of M agistrate CM Dumani , dated 25 March 2013

The Portfolio Committee on Justice and Constitutional Development, having considered the report on the suspension of Magistrate CM Dumani , reports as follow s:

1. The Minister, on the advice of the Magistrates Commission, provisionally suspended Mr CM Dumani 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. The determination to withhold his remuneration was approved by the National Assembly and the National Council of Provinces on 24 and 22 November 2011, respectively.

3. Mr Dumani 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 On 2 September 2010, the Commission recommended to the Minister that Mr Dumani be removed from office on grounds of misconduct.

4. On 13 September 2010, Mr Dumani , 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 Dumani on 21 October 2010.

5. However, the review application was opposed. It was dismissed on 12 August 2011. Mr Dumani 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.

6. 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 Mr Dumani’s appeal with costs on 30 November 2012. The Commission advised the Committee accordingly and, on 7 December 2012, requested that Mr Dumani’s matter no longer be held in abeyance. It remains of the view that the Minister’s decision to suspend Mr Dumani , taken in September 2011, still stands.

7. The Committee is of the view that that, since Mr Dumani’s appeal is dismissed, there is no reason why the National Assembly should not consider the Commission’s report and the Minister’s request that he be removed from office.

Recommendation

Having considered the Commission’s report on the suspension from office of Mr CM Dumani and the Minister’s request, the Committee recommends that the National Assembly confirms the suspension.

Report to be considered