The Post

Zionist body’s accusations ‘nonsense’

JANINE MOODLEY janine.moodley@inl.co.za

RETIRED Judge Siraj Desai has called a complaint against him by the South African Zionist Federation (SAJF) to the Judicial Conduct Committee (JCC), “nonsense”.

In June, the federation filed a complaint against Desai who recently took up a position as the country's Ombudsman for Legal Services.

The SAZF complaint related to, among others, Desai’s alleged inappropriate comments, and likening of former Iranian political leader Ayatollah Khomeini to Nelson Mandela.

The comparison was made last year when Desai was interviewed on an Iranian YouTube channel.

The SAZF said Khomeini was an acknowledged violator of human rights.

It felt the comparison was offensive to South African history and called into question the moral judgement of Desai.

The complaint, lodged by Professor Anthony Arkin, an attorney on behalf of the federation, further claimed that in 2018 Desai welcomed and supported Palestinian militant group, Hamas, during its trip to South Africa.

The federation believes Desai’s conduct is unbecoming of a judicial officer and questioned his appointment as ombudsman.

It also accused Desai of politicising the judiciary over a period of 10 years.

At the end of August, Desai responded to the complaint.

He said the federation was going through his life with a fine-tooth comb but had failed to make a valid case against him.

Last week, the federation submitted a replying affidavit to the JCC (in full).

“The complainant persists with its complaint and submits that the respondent’s contraventions require that the appropriate remedial orders be taken in order to safeguard the integrity of the legal profession and the judicial system,” Arkin said in the affidavit.

Rolene Marks, SAZF spokesperson, said Desai continued to politicise the judiciary with inflammatory comments that run contrary to the Judicial Code of Conduct and undermines the separation of powers between the government and the judiciary.

“These include his support of Hamas – an extremist organisation whose constitution calls for the killing of Jews,” said Marks.

Marks said it was essential to hold Desai accountable for his actions.

“The South African Zionist Federation focuses on the connection between Israel and South Africa, especially as it affects South African Jews.

“This support remains powerful among SA Jewry and millions outside the community. Israel is a friend of South Africa and we should focus on building peaceful partnerships.”

On Friday, Desai via his spokesperson, Professor Usuf Chikte, said the replying SAZF affidavit was found wanting and its accusations against Desai amounted to nonsense in their factual content.

Chikte said the federation’s arguments were meant to stifle free speech and suppress the politics of liberation.

“In his affidavit, Prof Arkin makes it clear that he expects Judge Desai to obsequiously humble himself and not engage in a robust rejection of the SAZF’s criticism and complaint.”

He said Desai was not intervening in South Africa’s political affairs, and supported the South African position in line with the South African Constitution.

“He is not commenting on internal South African politics.

“He is supporting the condemnation of Israel and Zionism as expressed by the UN, the World Court, and countless other bodies and individuals, and he is in no way at odds with South African policies.”

The JCC did not respond to a request for comment.

NEWS

en-za

2021-10-20T07:00:00.0000000Z

2021-10-20T07:00:00.0000000Z

https://thepostza.pressreader.com/article/281603833662204

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