A Durban woman, Mary Govender, has lodged a complaint with the Equality Court after Magistrate Ismail Malek voiced his disapproval of her wearing a 'low cut' dress when she appeared briefly before him in October in a SARS matter. Govender, who considers her dressing to be 'glamorous with a little bit of sexy', demanded in her application that Malek apologise and pay R50 000 damages for 'demeaning' her in open court, notes a Sunday Tribune report. However, on Friday, Malek, who was represented by Advocate Joe Nxusani SC, asked Magistrate Gert van Rooyen, to discharge the matter. He said Govender’s legal team had failed to make a case in presenting their argument. Malek is not liable to pay damages because, as a judicial officer, he has immunity from civil claims. The advocate said the immunit y could be waived only if Malek had acted with malefide intent. But, Nxusani said, no such intent had been proved against Malek. Govender’s attorney, Dennis Matotoka asked: 'Are judicial officers above the law and cannot be held accountable? I concede there is initial immunity, but we have the Constitution and Malek’s conduct has to be consistent with the Constitution, especially when it degrades and undermines.’ The attorney also told Van Rooyen that if he granted Nxusani’s application it would deny the court the opportunity to test Malek’s evidence.

Full Sunday Tribune report

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