President Appoints Judge Desai as Legal Services Ombud

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President Cyril Ramaphosa has appointed recently retired Honourable Justice Sirajudien Desai as the Legal Services Ombud in terms of Section 47 of the Legal Practice Act No. 28 of 2014.

 

Honourable Justice Sirajudien Desai
Image Supplied by The Presidency of The Republic of South Africa

 

Many South Africans have had disputes with legal practitioners, which most of the time gets swept under the rug because of the costs involved in pursuing the case.

With the recent appointment of Judge Desai as the Legal Services Ombud, there is hope for South Africans to now have their voices heard in these matters.

According to Investopedia: "An ombudsman is an official, usually appointed by the government, who investigates complaints (usually lodged by private citizens) against businesses, financial institutions, or government departments or other public entities, and attempts to resolve the conflicts or concerns raised, either by mediation or by making recommendations."


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In terms of the Legal Practice Act, Judge Desai is empowered to investigate:

  • complaints
  • alleged maladministration within the ambit of the Act
  • actions which may affect the integrity of the legal profession, among others

Judge Siraj Desai's 25 year tenure at the Western Cape High Court came to an end last week, as he formally retired ahead of his 70th birthday in January - the compulsory age for retirement.

In his time as Judge, he has presided over some prominent cases including:

  • the Taliep Petersen murder trial 11 years ago
  • the rape and murder case of Valencia Farmer 5 years ago
  • more recently the triple murder trial of Henri van Breda

As well as his groundbreaking rulings including: 

  • an order to remove a bullet from the leg of an accused, which resulted in two murder convictions
  • the prevention of businesses at the V&A Waterfront in Cape Town to exclude beggars from the area
  • his ruling on garnishee orders, which can now only be granted by a judge or a magistrate
Following discussions with Minister of Justice and Correctional Services Ronald Lamola, the President has appointed Justice Desai to advance and safeguard the integrity of the legal profession in the country.

President Ramaphosa said:

“Judge Desai has devoted the greater part of his life to serving the nation as a judge and I am confident he will take the legal profession to new heights by ensuring that those in the profession meet the ethical standards required in a legal system that serves all South Africans with fairness and dignity within the rule of law.”

The appointment of Judge Desai is with effect from 16 December 2020 for a term of seven years.
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Nabihah Plaatjes is the Co-Founder of iloveza.com.

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