Embattled High Court Judge Siraj Desai was given special leave by Justice and Constitutional Development Minister Penuell Maduna on Tuesday.
The decision followed discussions between Chief Justice Arthur Chaskalson, Maduna, Judge President John Hlophe of the Cape High Court and Desai, and was announced in a joint media statement.
Reacting to the news, Desai’s close friend and associate Anwah Nagia said on Tuesday night Desai was very grateful to Maduna and the others for providing him with this special leave, which would give him time to collect his thoughts.
”He told me he would be using this time to take time out and catch up with reading and writing. He is an avid reader and loves writing too,” Nagia said.
Desai was arrested on January 19 after Aids activist Salome Isaacs accused him of raping her in a Mumbai hotel room during the World Social Forum held in India.
Isaacs later withdrew the charges and Desai was released on the equivalent of R1 00 bail and returned to Cape Town.
The special leave granted by Maduna will be reviewed every three months, pending the conclusion of the proceedings currently before the Mumbai High Court.
The media statement warned that the leave should in no way be construed as a suspension.
”A judge can only be suspended by the president in terms of section 177(3) of the Constitution and only on the advice of the Judicial Service Commission,” it read.
Desai will receive full pay during his leave.
The statement said the ”unfortunate” circumstances in which Desai found himself do not as yet warrant his suspension or removal from office.
It explained the decision as an attempt to deal with an ”anomalous” situation and to prevent the ”embarrassment of a judge sitting on the bench whilst serious criminal charges may still be pending against him”.
Salome Isaacs could not be reached for comment. — Sapa