LETTER: Only express political opinions if they’re against Israel!

The judicial conduct committee’s finding against SA’s chief justice refers (“Chief justice Mogoeng Mogoeng chided for wilful misconduct over Israel comments”, March 4).

High court judge Siraj Desai has a long record of political involvement and activism on behalf of the Palestinian cause, yet has attracted no censure, either while in office or afterwards. In 2009, he led a group of 15 SA activists who flew to Egypt to join a planned “freedom march” on the Gaza strip in support of the Palestinians, but were stopped by Egyptian troops. This event was organised by the Palestine Solidarity Alliance (PSA).

Desai again entered the political arena in 2011 with his own opinions when he promoted boycotts and sanctions against Israel and went on to say that the Israeli occupation of Palestine was “one of the longest continuing breaches of human rights in the world”. He was involved with the screening of an anti-Israel film at the District Six Museum and presided over the SA support committee of the notorious and one-sided third Russell Tribunal in 2013.

As late as 2020, as a guest of the Muslim Judicial Council, Desai engaged publicly with Palestinian ambassador Hanan Jarrar, calling for solidarity with the Palestinian people and criticising the “deal of the century” accords in the Middle East.

So, it appears to be fine for a sitting judge to express their political opinions as long as the target is Israel!

Another esteemed judge, Dennis Davis, has been unrestrained in expressing his political preferences and opinions, as in 2008 when he saw a “stark” parallel between apartheid SA and the position of the Palestinians. In 2014 he signed a petition distancing himself from local Jewish organisations and calling Israel’s defensive actions in Gaza disproportionate.

In 2013 he tried to stop the visit by Alan Dershowitz to SA and entered into a very public debate about political issues. During his time as a sitting judge he suffered no opprobrium or criticism or calls to recant any of his opinions. 

So, it appears to be fine for a sitting judge to express their political opinions as long as they condemn Israel!

What the judicial conduct committee failed to examine was the motives of the plaintiff bringing the action against Mogoeng, namely Africa4Palestine. This organisation grew out of the Boycott, Divestment and Sanctions (BDS) movement targeting only Israel, with the clear intention of eliminating Israel from the family of nations.

If the judgment against the chief justice is carried out it will not only stifle healthy debate but signal the beginning of the end for freedom of speech. “Cancel culture” will also make support of Israel a politically untenable standpoint in the public domain.

Ben Levitas, Oranjezicht

JOIN THE DISCUSSION: Send us an e-mail with your comments. Letters of more than 300 words may be edited for length. Send your letter by e-mail to letters@businesslive.co.za. Anonymous correspondence will not be published. Writers should include a daytime phone number.