South Africa’s Chief Justice Arthur Chaskalson has pleaded for an end to all ”comment and speculation” on Judge Siraj Desai.
In a statement issued on Tuesday, he also said the question whether Desai should sit as a judge before the rape case against him was finalised was not at issue.
”This matter has been fully aired in the media,” he said.
”Justice should now be allowed to take its course. In the interests of justice and of all the parties concerned, including their families, it is desirable that speculation and comment on the matter be ended.”
He said he understood Desai would be on leave from the Cape High Court until the end of February.
The Indian court case in which Desai still faces a charge of rape, even though it has now been withdrawn by the complainant, Salome Isaacs, had been postponed to February 6.
”The question whether he should sit as a judge before the conclusion of the case against him does not therefore arise,” Chaskalson said.
His statement comes amid intense public debate on whether Desai should return to the Bench, and on the moral pre-requisites for being a judge.
In addition to being chief justice, Chaskalson chairs the Judicial Service Commission, which recommends prospective members of the judiciary for appointment by the president.
Isaacs, an Aids worker from Limpopo Province, laid the rape charge against Desai after a late night encounter in a hotel room in Mumbai, where they were both attending a conference.
Late last week, however, she withdrew the charge unconditionally and without explanation.
Desai, who arrived back in Cape Town on Sunday, has taken time off to be with his wife. – Sapa