Judge Desai to run for public protector

Cape Town - Respected Western Cape High Court Judge Siraj Desai could be South Africa’s new public protector. He confirmed to, Daily News sister newspaper, the Cape Argus, on Thursday he had accepted a nomination for his recommendation.

At least three senior lawyers nominated Judge Desai, saying they had worked with him for decades. Thursday marks his 21st anniversary on the bench.

“We know him for several decades as an outstanding lawyer, a good judge and an activist with extraordinary leadership qualities. He is particularly well-suited to be public protector, especially in light of his life-long commitment to social justice,” one of the recommendations, signed by advocate Denzil Potgieter SC, Igsaan Higgins and Advocate Joel Krige, reads.

This week, chairman of the parliamentary ad hoc committee established to nominate the new public protector, Makhosi Khoza, announced it had received 21 nominations and applications for the position.

Current public protector Thuli Madonsela and her deputy, Kevin Malunga, were among the nominees. But legally, Madonsela can only run for one term.

While Parliament spokesman Temba Gubula would not comment on the nomination as the deadline for submissions closes today, Judge Desai confirmed he had accepted the recommendation on Wednesday.

Born in Cape Town, Judge Desai matriculated from Trafalgar High School in District Six – arguably where his activism started after witnessing the forced removals of people from the area when he was a teenager.

After completing a Bachelor of Arts and law degree at the University of Durban Westville, he started his career as a clerk to Judge Essa Moosa, and spent many years working with South Africa’s first post-apartheid minister of Justice, Dullah Omar.

The political and social unrest in 1976 prompted Judge Desai to become a human rights lawyer.

Becoming an advocate of the Cape Bar in 1981, his clients included community leaders and alleged terrorists in Cape Town and the Eastern Cape.

In 1993 he represented Umkhonto we Sizwe (MK) in the Motseunyana Commission established to inquire alleged human rights violations in ANC detention centres outside the country.

Later, he was appointed to the Hoexter Commission which dealt with restructuring of courts in South Africa.

In 1995, he was appointed to the bench of the then Cape Supreme Court.

Judge Desai has presided over major cases in the country’s history, including the highly publicised Taliep Petersen murder trial, but more recently the precedent-setting judgment on garnishee orders that was lauded as a victory for the poor and hailed as a landmark ruling in legal and consumer circles alike.

In that matter, Judge Desai found emoluments attachment orders (EAOs) or garnishee orders “unlawful‚ invalid and of no force and effect”. He also found that sections of the Magistrates’ Court Act were inconsistent with the constitution.

EAOs were sought against farmworkers‚ cleaners and security guards from Stellenbosch who had made use of micro-lenders who had attached a large portion of their salaries.

Judge Desai also found debtors were often influenced to sign forms they did not understand, or that their signatures were forged.

In a recent interview, Judge Desai said: “When I sit on the bench I’m comfortable, no matter how complex the trial or how complex the advocates try and make the case.

"I know at the end of the day, I will not do an injustice.

“The fundamental function of a judge is to dispense justice and if you fail in that you’ll lead a very uncomfortable life.

"I’m comfortable with each of the decisions I’ve made”.

He also conducted an inquest into the death of former Proteas captain Hansie Cronje who died in a plan crash on June 1, 2002.

Judge Desai is also the founding member of the National Association of Democratic Lawyers (Nadel), chairman of the National Council for Correctional Services (NCCS) which advises whether to release life-sentenced prisoners or proposes changes to correctional policies, and deputy chairman of the Foundation for Human Rights.

He is also a member of the District Six Museum and will retire from the bench if he is appointed the new public protector.

Short listing and interview processes are expected to be conducted before the committee tables its preferred candidate before the National Assembly on August 31.