'Sex pest' magistrate fights on

A magistrate found guilty of misconduct for fondling and tickling colleagues, is fighting to keep his robes, launching several high court actions in a bid to save his job.

Collen Dumani has been on suspension with full pay for the past year while the Magistrates' Commission investigated complaints that he sexually harassed two cleaners, a security official and a clerk at the Graaff-Reinet Magistrate's Court.

Dumani was the acting chief magistrate of the historic town when he is said to have committed the offences in December 2008 and January 2009.

An internal probe and disciplinary hearing, led by Pretoria chief magistrate Desmond Nair, ruled in March that Dumani was guilty of three cases of misconduct. He had pleaded not guilty.

But Dumani is not going without a fight. This week it emerged he has taken the Magistrates' Commission to the High Court in Grahamstown in a bid to overturn its findings.

Last week the high court also prohibited the minister of justice, Jeff Radebe, from sacking Dumani until his challenge against the commission had been decided.

The charge sheet presented at the disciplinary hearing stated that Dumani 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 is said to have "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 next day when, allegedly, "you stuck your hand between (a cleaner's ) breasts".

Dumani's lawyer suggested to the Magistrates' Commission that the women had conspired to lodge false complaints. The suggestion was rejected.

In representations to the commission, - which now form part of his court papers - Dumani said he was the first black man to be appointed as magistrate and head of the office at the Magistrate's Court in historic Graaff-Reinet in the Great Karoo.

He claimed that, prior to taking up his post "certain members of staff had expressed the view that the fact that Mr Dumani cannot speak Afrikaans is going to give rise to difficulties at the office".

The justice department confirmed Dumani remained suspended on full pay, but wouldn't comment further as the matter was sub judice.