Judge Siraj Desai may have spotted the purple T-shirts to his left as he walked into the Old Assembly Chamber, or maybe not. But it didn’t take long before the 2004 rape charge laid, and withdrawn, against him by a fellow conference delegate in Mumbai, India, came up.

Desai snapped an interjection even before DA MP Werner Horn had finished his question. That interruption, and a few others later, had Economic Freedom Fighters Chief Whip Floyd Shivambu delivering a stinging verdict:

“I don’t think you have the temperament… Even now, a Member of Parliament points to the rape allegation and you interject. I had expected far much better from a judge.”

Horn’s question centred on the “fit and proper person” criteria of a Public Protector:

“At first there was a point blank denial of sexual intercourse, whilst later your defence turned around consensual sex. How vastly different… You were not completely honest”.

And Desai dismissed this as media speculation.

“It’s an absolute lie to suggest I changed my version… I never gave any version at all. I never expressed or gave any view as to what happened. The Press was trying to buy a statement from the police station. Eventually one statement emerged. I have never made that statement or signed that statement,” said the judge. “Somehow the story has lingered on… Any criticism of me on that Mumbai incident, what you are saying is based on speculation and inference.

“… I was never acquitted, I was never convicted. The allegations against me was withdrawn under oath,” Desai said, adding that as the Indian penal system did not simply allow this to happen in all cases, the matter went to court.

And then he dodged Shivambu’s questions on what he thought of the #RememberKhwezi protest as President Jacob Zuma gave the closing speech to the 2016 local government elections.

Rape Crisis advocacy co-ordinator Jeanne Bodenstein told Daily Maverick, “We are not here to protest. We are here to observe.”

But it was a difficult journey to get to the Old Assembly Chamber, starting with their T-shirts being photographed by Parliament’s security staff registering visitors at the visitors’ centre. Although let through, a senior member (known by Daily Maverick) called the group out of the interview venue because of their T-shirts. After a verbal stand-off and interventions by two veteran civil society lobbyists, who spent much time at Parliament, and a committee staffer, the group was allowed back in.

It remains unclear why Parliament’s protection services first raised concerns up the chain of command, and then moved to remove the group. Parliament said it was following up the incident “with the seriousness it deserves”, but expressed “happiness” that the situation had been resolved.

“Parliament actively facilitates attendance by members of the public and civil society of committee meetings. This is what defines Parliament,” it said.

Political parties such as the ANC, EFF and even the DA have put their supporters wearing party T-shirts and regalia in the public gallery during sittings of the National Assembly. During public hearings at Parliament, those making contributions often wear the clothing of their organisation.

According to Section 59 of the Constitution, committee meetings are open to the public “unless it is reasonable and justifiable to do so in an open and democratic society”.

During the Public Protector interviews, Desai, who was shortlisted by the ANC, got a relatively easy ride. He was allowed to expand on his political background – “I am a socialist” – and there was no comeback on his late judgments.

And then came the “appreciation” usually given to government officials briefing committees when ANC MP Bongani Bongo said: “I’d like to appreciate the years of service… and to thank you for your honesty about disclosing the issue of Mumbai.” DM

Photo: Judge Siraj Desai (Photo: BDLive)