Durban - The Department of Justice praised KZN Judge President Chiman Patel for his “immense contribution to the transformation” of the justice system.
“He contributed greatly to it being a well-oiled machine,” said Mthunzi Mhaga, the department’s spokesman.
However Mhaga was not willing to comment on the crimen injuria charge withdrawn against Patel this week.
“I don’t think it is fair for us to comment on prosecution issues. They (the National Prosecuting Authority) decided to charge him, then they decided not to. They haven’t briefed us about the charge so we are not familiar with the circumstances,” said Mhaga.
Judge Patel would have been the first judge president to have been on put on trial. The charge against him was brought by stationery clerk Lindiwe Nxele who alleged that Judge Patel told her she was “nonsense, trash, rubbish and a useless person” in October last year.
The National Prosecution Authority would not say why they “dragged their feet” before eventually withdrawing the case on Thursday.
The authority’s spokesman Nathi Mncube said, “After thorough consultation with witnesses for the state it became evident that there were no prospects of a successful prosecution and a decision to withdraw the matter was made.”
However, the Sunday Tribune has been told the charge was a deliberate ploy, hatched by members of an “anti-Patel” faction within the KZN justice circle.
“They want to tarnish the good standing of Judge Patel because of his impeccable work ethic. Would the premier of KZN be treated in the same way had he faced the same charge?” asked a well-placed source who asked not to be named.
The source said the 23 judges working in the Durban and Pietermaritzburg high courts were polarised.
“One faction is in support of the judge while the other tries to work against him.”
Citing an example of the anti-Patel sentiment, the source spoke about how the judge attempted to have alterations and additions done to the Durban High Court building a few years ago but struggled to make headway.
“Five years after initiating the project, approved building plans is what the judge has to show for his endeavour,” the source revealed.
A veteran labour court attorney who also acted as a judge in Durban confirmed that the judge president does not enjoy the backing of all his subjects.
The attorney, who asked not to be named for fear of reprisal, said those opposing Patel were usually “lazy” or had their own agenda.
It was well known previously that staff in Durban courts generally preferred not to work a full day on Friday and usually got their way.
Telling judges that their recording devices were not working or interpreters were not available was a popular strategy to get the day off, the attorney said.
“Judge Patel tried to change all of that when he took up the position, and he tried his utmost to make justice accessible to all. The charge he faced was stupid,” said the lawyer.
With his extensive experience in labour relations, the attorney said on many occasions he’d encountered junior staff members’ attempts to bring down top level management with wild and unfounded allegations.
Judge Patel’s tenure as judge president is due to be completed at the end of the month. Mhaga said Judge Patel’s post would be filled by a suitably qualified person.
- Sunday Tribune