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Desai claims he’s a victim of harassment

Publish date: 21 May 2007
Issue Number: 1828
Diary: Legalbrief Today
Category: Corruption

Cape High Court Judge Siraj Desai claims he is the victim of a concerted ‘campaign of harassment’ that includes the lodging of ill-founded complaints against him to the Judicial Service Commission (JSC).

The latest complaint by PAC Gauteng chairman Thami ka Plaatjie questions whether Desai has benefited from free legal services, notes a Cape Argus report. Ka Plaatjie had previously raised questions about the judge\'s morals and temper. Now he is raising questions about the legal counsel Desai received relating to a defamation action – now withdrawn – against the judge case brought by financial company Oasis. Ka Plaatjie, in a letter addressed to Chief Justice Pius Langa, asked the JSC to investigate whether Judge Desai received free legal services from a team of lawyers including two senior counsel and if so whether permission was sought from the Bar Council. The letter asked the JSC if, in the event it is found that these lawyers were paid, corresponding tax declarations were made and said on the other hand if the legal expertise was provided free, then an explanation from the judge and his lawyers should be provided. Desai, who does not fall under the authority of the Bar Council, said a similar complaint was made to the JSC by Oasis several months back and that he was a victim of a campaign of harassment by certain individuals. ‘These complaints are not founded in fact or law,’ he said. Full Cape Argus report

Oasis has withdrawn its defamation action. Barely a month after Oasis admitted it had not validly received permission from Cape Judge President John Hlophe to sue Desai, the company took out an advertisement in the Sunday Times to announce its withdrawal of the claim for R250 000 or an apology. Desai’s lawyers were served with papers of withdrawal on Friday. Full Sunday Times report

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