Durban - Retired KwaZulu-Natal Judge-President Chiman Patel spoke on Monday 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 that this will all just be a bad dream.”
Judge Patel – who is suing the State for R3 million – took to the witness stand at the start of his civil trial in the Durban High Court, which is being heard before Judge Aubrey Ledwaba from the Johannesburg High Court.
Judge 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,” he said.
Judge 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 the provincial director of public prosecutions, Moipone Noko – who was sitting in the public gallery – who decided a year after the alleged incident to prosecute Judge 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 Judge Patel retiring early from his post.
“We will demonstrate that the decision to charge him criminally failed to meet the basic requirements of the constitution, the NPA Act and prosecution policies,” Gajoo said. “We will demonstrate that no honest, independent, impartial official properly applying their mind could have come to the conclusion that there was a case against him. It was designed to cause embarrassment and humiliation.”
The clerk, Lindiwe Nxele, laid the charge against Judge Patel, claiming he had shouted at her, pointed his finger at her and called her “nonsense, trash, rubbish and useless”. Judge 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.
Judge Patel, who has humble beginnings, became judge-president in October 2011, focusing on tackling the enormous issues of inefficiencies in the system, which had made him unpopular in some quarters.
“When I once asked the ushers to assist with filing, I was told that the judges should also do filing,” he said, as an example.
He said he had summonsed Nxele and Marais to his office after Morar complained that she had not received stationery, and when Nxele had been rude to her and told her to come and fetch it herself.
During the meeting, Nxele indicated that Morar was not her boss.
Judge Patel said: “I asked her who was her boss and she answered that it was the Department of Justice. I raised both my hands and turned to Marais and said, ‘Do I have to cope with this sort of rubbish?’.
“Nxele asked why I was calling her rubbish. I explained that I had not and Marais said the same thing. I thought that was the end of the matter. But two days later, I was contacted by a journalist and asked if I knew about the criminal charge against me.”
Judge Patel said he was upset and hurt but believed the truth would prevail. But a year later, after he had given a warning statement to the police explaining his version, the summons was served on him on the day he was celebrating Diwali.
He appeared in court and the matter was set down for trial. On that day, the three-person prosecution team was absent and another prosecutor was sent to withdraw the charge.
The NPA’s press officer later told the media that the decision had been taken after further consultations with the State witnesses.
“I would have thought that in a case such as this, they would have done a thorough consultation before deciding to prosecute me,” Judge Patel said. “I was so humiliated. Everywhere I went, people would ask me what was going on I didn’t want to have to keep explaining. I became a virtual recluse.”
In spite of being only three years into his tenure and not having realised his goal of finalising plans for two new high court buildings in Durban and Pietermaritzburg, Judge Patel said he decided to retire at 67 rather than at 70.
He said that in some ways, he would have preferred that the matter go to trial, for Nxele to testify and for the matter to be properly aired. “The decision to withdraw was cold comfort. On the day the trial was supposed to start, the Indian consul-general sent me an SMS in Sanskrit. Translated, it said, ‘Don’t worry, the truth will triumph’.
“Well it didn’t. And that’s why I am here.”
The case has been set down for the week.