Retired Western Cape High Court judge and current Legal Services Ombud Siraj Desai has hit back at a complaint lodged against him by the South African Zionist Federation (SAZF) over his pro-Palestine activities, describing it as an unfair ‘scatter-shot approach’, an attempt to discredit him and to ‘curb and curtail the space for human rights advocacy’.

In a response submitted to the Judicial Conduct Committee (JCC), Desai accused the SAZF of going through his life with a ‘fine toothcomb’ but failing to make a valid case against him.

He was reacting to the SAZF's complaint to the JCC that he had breached the Judicial Service Commission Act and Code of Judicial Conduct between 2009 and 2020.

A News24 report notes the SAZF charges Desai became involved in political controversy; used or lent the prestige of judicial office to advance his own private interests, or others; failed to recuse himself in a matter where there was a possible conflict of interest; became involved in extra-judicial activities in breach of the impartiality rules; and became involved in activities incompatible with judicial office.

Calling him a ‘politicised’ judge, it further questioned whether he could adjudicate matters impartially as ombud.

In a 24-page response to the committee, Desai said the complaint ‘forms part of the pro-Israel activities of the SAZF’, lodged with the ‘express aim of furthering the pro-Israel goals and political objectives’ of the federation.

He argued that silence by judges ‘in the face of injustice and violations of basic human rights, particularly given the history of SA, is inconsistent with judicial office’, pointing out that the oath taken by judicial officers required a judge to swear or affirm to uphold and protect the human rights entrenched in the Constitution.

‘Judges do not exist in isolation. They do not perform their functions in a cloistered monastery isolated from society. They are members of the community with their own beliefs, opinions and sympathies,’ he argued.

Pointing out that the complaint related to matters and events as far back as 2009, he said the federation ‘does not provide any coherent explanation for why it took them 12 years to lodge this complaint’, notes News24.

In response to its claim that Desai had welcomed and supported Hamas during their trip to SA in 2018 by meeting with a delegation at the offices of the Muslim Judicial Council (MJC) where he ‘again assumed the role of a pro-Palestinian activist’, Desai said he had been invited by the MJC in his capacity as a community leader to a 'private event ... at which a Hamas delegation was present'.

At the event, Desai was recorded as saying: ‘We hope to make an intellectual contribution to the resolution of the Palestinian issue, but we take our leadership from you. You are the leadership on the ground.’

In his response, he said his comments were ‘plainly meant to convey that the intellectual resolution of the Palestine issue was to be led from the ground level by the recognised leadership of the Palestinian people’.

Desai also hit back at the SAZF's questioning his fitness to be the Legal Services Ombud, saying the claim contains ‘no factual basis or evidence to support an allegation’ he has not or will not perform his functions in terms of the Legal Practice Act.

‘The unsupported imputation of bias and breaches of ethical rules ... in his capacity as Legal Service Ombud warrants censure,’ his response read.

Full News24 report

Desai's JCC response