DURBAN: RETIRED Judge Chiman Patel plans to give much of the R900000 damages a court awarded him this week to a charity.
KZN’s former judge president claimed damages from the state in a suit against the National Prosecuting Authority (NPA) over his “malicious prosecution” in 2014.
He was charged criminally after Lindiwe Nxele, a clerk based at the Durban High Court, took umbrage at his alleged remarks that she was “trash, rubbish, nonsense and useless” in 2013.
Almost a year later, Judge Patel, a devout Hindu, was served a summons on Diwali.
After it was set down for trial, KZN’s National Director of Public Prosecutions, Moipone Noko, withdrew the case against Judge Patel. Judge Aubrey Ledwaba presided over his responding R3million civil claim.
Handing down judgment on Wednesday, Judge Ledwaba said Noko’s call to prosecute Judge Patel was not well considered.
“It’s a good judgment considering the difficulties I endured over four years. I was disappointed when the charges were instituted, but I don’t believe Nxele acted alone,” said Judge Patel.
Of Noko’s decision not to prosecute, he said: “If a final-year law student was asked as an exam question whether to prosecute or not, even the student would have made the right decision."
When his matter with Nxele went to court, Judge Patel, who was 67 at the time, took early retirement. “I could have worked until I was 70, but when you have this hanging over your head and the public’s perception, it affected me.”
Judge Patel was tight-lipped about which charity would benefit from his donation.
“I don’t need the publicity for that,” he said.
He currently chairs the Provincial Bids Appeal Tribunal. “I’m not relaxing in retirement. I’ve got to keep my mind busy.”
The NPA did not respond by the time of going to print.