ATC101110: Report Provisional Suspension from Office of Magistrate C M Dumani
NCOP Security and Justice
Report of the Select Committee on Security and Constitutional Development on the progress report on the provisional suspension from Office of Magistrate C M Dumani, dated 10 November 2010
Introduction
The Select Committee on Security and Constitutional Development, having considered the progress report on the provisional suspension from office of a magistrate, Mr C M Dumani, a magistrate at Graaff Reinett, tabled by the Minister for Justice and Constitutional Development, in terms of the Magistrates Act, 1993 (Act no 90 of 1993), reports as follows:
Background
- The Minister, on the advice of the Magistrates Commission, provisionally suspended Mr Dumani from office with effect from 05 February 2010. The suspension was confirmed by both Houses of Parliament on 1 and 4 June 2010 respectively.
- Mr Dumani was charged with four counts of misconduct. He denied all the allegations against him. At the conclusion of the misconduct inquiry, he was found guilty of three of the four charges of sexual harassment against female clerks at the Graaff-Reinet Magistrate’s Office.
- The presiding officer at the misconduct inquiry on 24 May 2010 recommended that Mr Dumani be removed from office in terms of section 13(4)(a)(i) of the Act.
- The matter had been placed on the agenda of the Magistrates Commission’s next meeting to be held on 26 and 27 August 2010 for consideration in terms of regulation 26(22) of the Regulations for Judicial Officers in the Lower Courts, 1994, read with section 13(4)(a)(i) of the Magistrates Act, No. 90 of 1993.
Conclusion
1. The Select Committee on Security and Constitutional Development, having considered the progress report on the provisional suspension from office of magistrate, Mr C M Dumani reports that it will await the recommendation from the Minister for Justice and Constitutional Development before concluding the matter.
Report to be considered.
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