Judge Desai censured for ‘unbecoming’ behaviour over BDS involvement

The Judicial Conduct Committee (JCC) has ruled that Judge Siraj Desai conducted himself in a manner unbecoming of a judge and has given him a written warning censuring him for involvement in political controversy in support of the BDS (Boycott, Disinvestment, Sanctions) movement.

The ruling, released yesterday, has been welcomed by the South African Zionist Federation (SAZF) which laid a complaint against Desai with the JCC over the judge’s endorsement of the anti-Israel and antisemitic BDS movement.

Desai retired from the Western Cape High Court in 2020 and was appointed last year as legal services ombudsman, to head up a new platform for the public to lay complaints and report unethical behaviour against legal practitioners.

In a media statement the SAZF says its complaint was dealt with in terms of section 17(4)(a) of the Judicial Service Commission (JSC) Act, 9 of 1994 and that Desa has been given a written warning in terms of section 17(8)(c) of the JSC Act.

The media statement says: “The JCC found that Judge Siraj Desai was a signatory to a BDS Coalition statement, and that he became involved in political controversy as a result. The findings state that ‘while it is true that judges as citizens of this country are entitled to hold political views, they exercise such rights subject to the rigours of their calling including the applicable ethical constraints’.

“The reason for stringent ethical constraints in relation to judges forms part of the JSC Act and its Code of Judicial Conduct, which seeks to maintain and promote the integrity and independence of the office of a judge. The ruling clarifies that it is therefore ‘not open to Judge Desai to assert the right to freedom of association…when provisions of the Code are invoked. To this extent…the judge conducted himself in a manner unbecoming of a judge’.

“This ruling sends an important message to holders of high public office to steer clear of political controversy unbecoming of their status. It is an obvious affront to our respected judicial system when judges publicly support racist and extremist organisations including the antisemitic BDS movement.

“The SAZF welcomes the remedial action evoked by the JCC, which has issued a warning to Judge Desai not to participate in or become involved in any political controversy or activity in the future, unless necessary for judicial duties. We note that Judge Desai has flagrantly continued his political activities even while his conduct was under review, by participating in BDS marches, protests and events as recently as April 2023, and we hope he will take careful notice of the JCC’s ruling going forward.

“The JCC’s finding that Judge Desai acted in contravention of the Judicial Code also sets a boundary for extra-judicial political conduct. Its findings reinforce the checks and balances in its system and the SAZF commends the JCC for its decision.

“Judge Desai’s support of the BDS movement is thoroughly unacceptable, given the BDS’s frequent, extreme and blatant promotion of antisemitism. The Constitutional Court recently found that a member of a BDS-affiliated organisation had engaged in anti-semitic hate speech directed at the Jewish community. On another occasion, a pig’s head was placed in the Kosher section of a grocery store, in support of the BDS movement in South Africa.

“The SAZF will continue to advocate for Israel and Zionism in South Africa, with the aim to build support for the State of Israel, which remains a committed partner towards the sustainable development of the entire African continent.”

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