The Foundation for Human Rights said on Monday it will take steps to ensure that Judge Siraj Desai and his alleged rape victim will be provided with the appropriate support.
The foundation’s board of trustees said that, at the same time, it will allow the law to take its course.
The foundation partly funded members of a South African delegation to the World Social Forum (WSF) gathering in India, where it is alleged Desai raped a North West woman.
Both are members of the South African delegation in Mumbai, and Desai is also deputy chairperson of the foundation’s board.
Foundation director Yasmin Sooka said: ”This is an incredibly difficult experience for the foundation. The foundation funds people’s trips to a number of national and international events. There is simply no precedent on how to handle a case such as this. We are trying to be fair to both parties.”
Because the delegation was partly funded by the foundation, it will assist both complainant and accused with living and legal expenses while they are in India.
The foundation has also offered to provide an early flight back to South Africa for the woman, so that she can be reunited with her family and, if necessary, receive trauma counselling.
Board member Dumisa Ntsebeza has also been attending the Mumbai meeting and is assisting with arrangements on the foundation’s behalf.
The foundation said it cannot pre-judge the matter and is waiting for more information on the case.
Desai has indicated that he wishes to withdraw from the foundation’s activities until such time as he has dealt with the alleged rape, the statement concluded.
Meanwhile, AFP reported that the 53-year-old Desai was arrested on Monday and denied bail in a Mumbai court. He was remanded in custody until Friday.
The story was prominent in the South African media on Monday.
Desai allegedly SMSed The Star newspaper saying he is not guilty.
”I am innocent. I find rape offensive,” he said.
The alleged victim, in her statement to police, said Desai raped her after she went to his room at about 3am on Sunday at the Taj President hotel in Mumbai’s upmarket Cuff Parade area to discuss the day’s programme at the WSF, an Indian police spokesperson said.
Bombay police said both had been medically examined to establish sexual contact.
About 100 000 people are taking part in the WSF, an annual meeting of anti-globalisation forces that began on Friday and is discussing issues ranging from the environment to the United States-led occupation of Iraq.
”The incident has saddened and shocked us and we are doing everything to see that the person concerned is not hurt further and everything is done to take care of her,” forum spokesperson Gautam Mody said.
”The WSF is committed to fight such patriarchy,” he said.
The Afrikaans-language Beeld daily in a story headlined ”Judge in jail” identified the alleged victim as Salome Isaacs (26) and said she gave permission to use her name.
The woman, who is representing a South African HIV/Aids organisation at the forum, was quoted in ThisDay newspaper as saying that Desai ”came on very strongly” when she went to his room.
”There was a lot of kissing and holding … and there was a point where I wanted him to back off but he continued. There was a definite ‘no’ … the result was that there was sex without consent.”
In an interview with The Star, Isaacs’s husband, speaking from South Africa, claimed he had spoken to Desai after the supposed rape and told him ”this would bring shame on South Africa”.
He claimed that he had asked Desai to apologise but the judge had turned him down saying ”there was nothing to forgive and they were just having drinks”.
South Africa’s Foreign Ministry said it will follow up the allegations.
Meanwhile, the co-leader of the political party National Action, Cassie Aucamp, said that the incident is at the least a ”huge embarrassment” to South Africa.
”Whether there is a case of rape or not, it remains deplorable that late-night escapades in hotel rooms where drink and sex and used condoms were involved, were ascribed to visiting South Africans.”
Aucamp said his party will also ask the Judicial Service Commission to look into the matter. — Sapa