ATC130418: Report of the Portfolio Committee on Justice and Constitutional Development on the suspension of Magistrate CM Dumani, dated 25 March 2013
Justice and Constitutional Development
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
Dumanis
appeal with costs on 30 November 2012.
The Commission advised the Committee accordingly and, on 7 December 2012,
requested that Mr
Dumanis
matter no longer be held
in abeyance. It remains of the view that the Ministers decision to suspend Mr
Dumani
, taken in September 2011, still stands.
7.
The Committee is of the view that that,
since Mr
Dumanis
appeal
is
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.
Recommendation
Having
considered the Commissions report on the suspension from office of Mr CM
Dumani
and the Ministers request, the Committee
recommends that the National
Assembly confirms the suspension.
Report to
be considered
Documents
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