Retired judge sues state for R3m
RETIRED KwaZulu-Natal Judge President Chiman Patel spoke yesterday of his “humiliation” at being falsely accused and “maliciously” prosecuted for crimen injuria after he reprimanded a court clerk in his chambers in 2013.
“I became a virtual recluse… I was depressed. It had a severe impact on my health. I hope one day this will all just be a bad dream.”
Patel – who is suing the state for R3 million – took to the witness stand at the start of his civil trial in the high court in Durban, which is being heard before Judge Aubrey Ledwaba from the high court in Johannesburg.
Patel says it’s not about the money. “I want the truth to prevail. I want this court to rule on whether or not my dignity has been unfairly and unlawfully impaired.”
In his opening remarks, Patel’s advocate Vinayh Gajoo described the matter as a “case without precedent about an egregious abuse of power by a public official”.
He was referring to provincial director of public prosecutions Moipone Noko – who was sitting in the public gallery – who decided a year after the alleged incident to prosecute Patel, summons him to court and then, without explanation, withdraw the charge two months later on the day it was set for trial.
The stress led to Patel retiring early from his post.
The clerk, Lindiwe Nxele, laid the charge against Patel claiming he had shouted at her, pointed his finger at her and called her “nonsense, trash, rubbish and useless”.
Patel says this is not true – and his version is backed up by two witnesses – his registrar Roma Morar and court manager Karlien Marais.
Gajoo said Nxele, on the other hand, had given different versions of events in her grievance procedure and in her police statement.
Patel became Judge President in October 2011 and tackled issues of inefficiencies in the system. The case has been set down for the week.