Magistrate up against ropes

A Magistrate found guilty of misconduct for allegedly fondling and tickling colleagues is fighting to keep his robes and has launched several high court actions to save his job.

Last week, Collen Dumani lost his high court bid to have the guilty ruling against him overturned but he has vowed that he will not go down without a fight.

"Definitely, I have to appeal," he said.

Dumani has been on suspension with full pay since 2009, when the magistrates' commission investigated complaints that he sexually harassed two cleaners, a security guard and a clerk at the Graaff-Reinet Magistrate's Court.

He was acting chief magistrate when he allegedly committed the offences, between December 2008 and January 2009.

An internal investigation and a disciplinary hearing, led by Pretoria chief magistrate Desmond Nair, ruled in March last year that Dumani, who had pleaded not guilty, was guilty on three charges of misconduct.

Dumani then brought an urgent application in the high court in Grahamstown to stop Minister of Justice Jeff Radebe from firing him pending the outcome of his application to the same court to have the finding set aside.

The court forbad Radebe from sacking Dumani until his challenge to the commission was finalised.

The charge sheet presented at Dumani's disciplinary hearing before the magistrates' watchdog stated that he was guilty of misconduct for "stroking the cheek of . a clerk . with the back of your hand whilst she was seated in front of the personal computer in your office".

Then, on January 29 2009, Dumani allegedly "tickled the back of the neck of . a cleaner employed at the said court house whilst she was cleaning your office".

The third charge related to an encounter the following day when he allegedly "stuck your hand between [a cleaner's] breasts".

As part of his defence before the commission, which formed part of the process before the high court action, Dumani said he was the first black to be appointed a magistrate and head-of-office in the Graaff-Reinet Magistrate's Court, and that there had been opposition to his taking up the post from the start.

He said "certain members of staff had expressed the view that the fact that I cannot speak Afrikaans is going to give rise to difficulties".

In his application to overturn the magistrates' commission ruling, Dumani said the guilty finding was "unreasonable" and that Nair "failed to properly apply his mind to the matter".

But Judge Dayalin Chetty found Nair's decision was based on sound evidence and dismissed Dumani's application with costs last week - something Dumani said he knew nothing about.

"What did the high court decide? What are the reasons for the dismissal," he asked. "Definitely, I have to appeal. I'll talk to my lawyer."

Radebe's spokesman, Tlali Tlali, said the minister "will soon be required to table a report to parliament" concerning Dumani's dismissal.

"Parliament must as soon as is reasonably possible consider the report and pass a resolution as to whether the determination by the commission is confirmed or set aside," he said. "Though the high court has dismissed the application, due process regarding the removal from office of Mr Dumani must still be followed."