A Cape High Court judge involved in a defamation lawsuit that could sink his own judge president has been reported to the Judicial Service Commission (JSC), the Saturday Star reported.
Judge Siraj Desai has been reported to the JSC by the Pan-Africanist Congress chairperson in Gauteng, Thami ka Plaatjie, who claimed Desai did not have the ”impeccable character” needed in a judge.
Plaatjie raised three issues in his complaint last Friday to the JSC’s chairperson, chief justice Pius Langa.
The first relates to Desai’s conduct in Mumbai in 2004, when he was accused of raping a South African Aids activist during the World Social Forum. A court later found that the sex had been consensual.
Plaatjie noted that Desai had reportedly denied the incident at first.
Plaatjie questioned the judge’s morality, and why he had sex with a married woman.
The second complaint relates to a alleged row in the Cape High Court judges’ common room in April 2006.
Desai reportedly confronted judge John Foxcroft, who had blamed him for attacks on judge president John Hlophe in the media.
Plaatjie wanted to know whether Desai had difficulty ”controlling his temper”.
The third complaint related to the defamation suit brought by the Oasis property company against Desai for allegedly defamatory remarks he made at a public meeting held to discuss a property development.
Plaatjie said that the same principle that applied to complaints against Hlophe should apply to Desai. The JSC is considering complaints against Hlophe which might result in his impeachment.
Last week Oasis accepted that Hlophe had not given it permission to sue Desai, as required by the Supreme Court Act when a judge is a defendant in a civil case.
If Oasis had not made that concession, Hlophe might have been called as a witness for Oasis, opening Hlophe to questions about his moonlighting for the company.
Hlophe has told the JSC that he had oral permission from then justice minister Dullah Omar to work for Oasis. His detractors have pointed out that Omar was not the minister at the time Hlophe said he gave him permission.
Plaatjie denied that his complaint was part of an Africanist campaign against Desai.
”All judges are open to scrutiny by the public. This is not witch-hunting. The same scrutiny that the judge president is subjected to, surely other people should face the same scrutiny?” Plaatjie said.
For his part, Desai said: ”A very dirty war is being waged against me. I shall defend myself at each phase at it comes up.”
The JSC has postponed investigating complaints against Hlophe relating to his business interests and conduct, pending the outcome of the Oasis court case. – Sapa