Cape Town - There has been an outpouring of support for retired Judge Siraj Desai, South Africa’s Ombudsman for Legal Services, in the face of a complaint against him lodged with the Judicial Conduct Committee (JCC) by the South African Zionist Federation (SAZF) in June.
The SAZF filed a complaint against Desai with the JCC, accusing him of, among other things, “making inappropriate comments, likening Ayatollah Khomeini to President Nelson Mandela”.
The SAZF accused Desai of conduct “entirely unbecoming of a judicial officer” and questioned his appointment to the office of Legal Services Ombud by President Cyril Ramaphosa.
It claimed that Desai’s actions and conduct over several years were “plainly in breach of the Code of Judicial Conduct and entirely unbecoming of a judicial officer”.
In his submission to the JCC on Tuesday, Judge Desai said: “Firstly, silence by judges in the face of injustice and violations of basic human rights, particularly given the history of South Africa, is inconsistent with judicial office.
“It is precisely for that reason that the oath taken by judicial officers requires a judge to swear or affirm that he or she will uphold and protect the human rights entrenched in the Constitution. Judicial officers, therefore, have a particular duty to confront injustice, promote equality for all under the law and condemn racism in all its forms.
“Secondly, judges do not exist in isolation. They do not perform their functions in a cloistered monastery isolated from society. They are members of the community with their own beliefs, opinions and sympathies.”
Among the groups and organisations that have come out in support of Desai are the Foundation for Human Rights which said the SAZF had “singled out Judge Desai for an unwarranted and vitriolic attack based on his principled stand against the forces of oppression under apartheid in South Africa and in occupied Palestine”.
The Essa and Fatima Moosa Foundation said: “While we defend the right to free speech, and the right to disagree with those with whom we do not share the same perspectives, we maintain solidarity with Judge Desai and stand against this attempt to assault a person who has distinguished himself as a paragon of integrity.”
The National Association of Democratic Lawyers (Nadel) said: “The baseless and vitriolic attack on retired Judge Desai by SAZF warrants a response, for it underpins a sinister agenda to silence those justice and freedom-loving people who speak out against the colonial occupation, crimes of apartheid and genocide by the Zionists against the people of Palestine.”
Individuals who have stood up for Judge Desai include Mandela’s grandson, Mandla Mandela MP, who said: “The SAZF must hang its head in shame for defending apartheid Israel, a regime notorious for its disregard of human rights and which is responsible for gross human rights violations, including torture and violence against thousands of people.”
Activist and board member of Africa4Palestine, Bram Hanekom, said: “This is another own goal by the desperate Israeli lobby as this complaint has drawn praise for Judge Desai.”
Other groups that came out in support of Judge Desai are the Imam A Haron Foundation, the United Ulama Council Of South Africa, the Media Review Network, the SABDS (Boycott, Divestment, Sanctions) Coalition and the PAAF (People against Apartheid and Fascism).
In response, the judge, through his spokesperson Usuf Chikte, said his comments in support of Palestine and against apartheid in Israel, or anywhere in the world, were non-negotiable, and if he was to be found guilty of supporting human rights, then so be it.
Chikte said: “He continues to be dedicated to the cause of human rights in South Africa and is confident that it will be seen that the complaint is without merit.”
Reached for comment SAZF Legal Forum spokesperson Rolene Marks said their legal team was studying Judge Desai’s response to the JCC and would be responding in due course.
“The SAZF does not bring this complaint to the Judicial Complaints Commission lightly and does not aim to curtail freedom of expression. The SAZF is on record in defending the rights of Judges to express their views within the ambit of the Judicial Code, especially when balanced fairly in the interests of justice.
“However, Judge Desai has long conducted himself well outside the realms of the Judicial Code. It is therefore crucial for maintaining public confidence in the judiciary, that manifest judicial misconduct is called to account,” said Marks.