ATC111117: Report Suspension from office and the withholding of remuneration for Mr C M Dumani, Magistrate at Graaff-Reinet
NCOP Security and Justice
THIS REPORT REPLACES THE REPORT OF THE SELECT COMMITTEE ON SECURITY AND CONSTITUTIONAL DEVELOPMENT PUBLISHED IN THE ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS NO. 155-2011, P.4772 ON 17 NOVEMBER 2011.
Report of the Select Committee on Security and Constitutional Development on the suspension from office and the withholding of remuneration for Mr C M Dumani, Magistrate at Graaff-Reinet, dated 16 November 2011:
Introduction
The Select Committee on Security and Constitutional Development, having considered the report on the suspension from office and the withholding of remuneration of a magistrate, Mr C M Dumani, Magistrate at Graaff-Reinet, tabled by the Minister for Justice and Constitutional Development, in terms of the Magistrates Act, 1993 (Act no 90 of 1993) (the Act), reports as follows:
Background
1. Mr Dumani is serving as a magistrate and Judicial Head at the Magistrates’ Court at Graaff-Reinet on probation. 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. Mr Dumani was legally represented throughout the inquiry.
Recommendation to postpone consideration of the suspension of magistrate from office
1. On 24 May 2010, the Presiding Officer at the misconduct inquiry recommended that Mr Dumani be removed from office in terms of section 13(4)(a)(i) of the Act. Mr Dumani elected not to make any submissions with regard to the sanction.
2. At its meeting held on 26 August 2010, the Magistrates Commission considered the Presiding Officer’s findings and recommendation, as well as the representations submitted on Mr Dumani’s behalf and resolved to recommend to the Minister for Justice and Constitutional Development that the recommendation from the Presiding Officer in terms of Regulation 26(17)(b) of the Regulations for Judicial Officers in the Lower Courts, 1994 that Mr Dumani be removed from office, be accepted. The Commission is of the view that Mr Dumani’s conduct, as set out in the charges of which he was found guilty, is so serious that it justifies his removal from office. This conduct renders him unfit to hold the office of Magistrate.
3. The Magistrates Commission requested that the Select Committee postpone the consideration of the suspension of Mr Dumani, as he had filed an urgent High Court application to appeal the matter. The Magistrates Commission advised the Committee to await the ruling of the High Court on this matter.
Recommendation to withhold remuneration of suspended magistrate
1. The Magistrates Commission further recommended to the Minister to withhold the remuneration of Magistrate Dumani.
2. The Minister concurred with the recommendation, as there was no reason why a magistrate, on suspension, who is not fit to hold office, and is being removed from office for that reason, should continue to receive remuneration during the period he is suspended pending Parliament’s approval of his suspension.
Conclusion
Suspension of Magistrate Mr C M Dumani
The Select Committee on Security and Constitutional Development, having considered the report on the suspension from office and the report on the withholding of remuneration of Magistrate Mr C M Dumani, reports that it concurs with the Magistrates Commission’s advice and recommends waiting for the High Court’s judgment on the appeal before proceeding to consider the suspension of Magistrate Dumani.
Withholding of remuneration of Mr C M Dumani
The Select Committee concurs with the Minister of Justice and Constitutional Development regarding the withholding of remuneration and recommends that Mr C M Dumani’s remuneration be withheld.
Report to be considered.
Documents
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