DURBAN: Another chain of events have rippled in the case of Theshen Naicker vs Imran Omar. Now it seems that the legal firms are at loggerheads with each other over the use of the word ‘moffie’ in court.
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Theasen Pillay of TPA Legal representing Theshen Naicker aka Aunty Sheila, has filed a formal complaint against Imran Omar’s lawyer for falling short on grounds of professional and ethical obligations. Pillay is alleging that Faizel Kara has brought disrepute to the legal profession for his utterances made at court. In official documents seen by Indian Spice, the South African Legal Practice Council have received an official complaint from TPA Legal. The complaint calls for a request to investigate Durban lawyer Faizel Kara, for defamatory statements during a recent court appearance.
Pillay’s submission included an affidavit outlining Kara’s alleged misconduct in arguing the matter of Naicker vs Omar at court recently.
Faizel Kara ‘absurd and deranged’
In the documents sent to the Legal Practice Council, Pillay makes specific reference to Kara’s arguments. Kara is being hauled over the coals for his use of the word “moffie” in court submissions.
During the arguments of their latest representations, Mr Kara advised the court that,
“There was nothing wrong from using the word ‘moffie’ and that it is an everyday word that people have grown up with.”Faizel Kara
Kara continued to also state in his submission to the court that “the word moffie is not defamatory or insulting but is merely distasteful.”
Pillay’s affidavit points out that Kara’s arguments in court are ‘absurd and deranged’ and are an insult to the South African constitution. He went on to state that Kara’s submissions were not only derogatory and insulting to the LGBT community but inflammatory and degrading.
Naicker vs Omar what happened
The incident occurred in 2019, where Naicker was confronted and manhandled by Imran Omar at a Durban hotel, where a number of local actors attended an industry related event.
The scuffle witnessed by some and including India SA brand ambassador Natasha Nayager, who saw Naicker pinned against a wall by Imran Omar according to her version of events.
Omar stands by his claims that ‘Aunty Sheila‘ exacerbated the incident to garner sympathy and additional publicity. It is understood that Omar faces further paperwork as applications to the Equality Court have been made against Omar for hate-speech.
Theasen Pillay speaking to Indian Spice said, “The word in question represents an outright condemnation, ridicule and humiliation of ones constitutionally protected rights. It has no place and should not be tolerated … public morale must eradicate the continued use of the word.”
He went on to further state, “The Courts and legal system are entrusted to ensure that it directs harsh sanctions on those that refuse to conduct themselves appropriately and tolerantly, I personally felt compelled to note a complaint against a fellow officer of the court because I believe that we have a duty not promote continued sexual bias.”
Indian Spice reached out to Kara on Wednesday evening for comment, Kara admitted that he was not aware of the complaint and is yet to receive a notification from the Legal Practice Council.
In defense of the allegations Kara stated, “I have no comment at this stage and reserve my rights to comment at a later stage.”
On the work front, Theshen Naicker will be seen in his new show titled ‘Aunty Sheila Goes To Court’. Visit his page for more information.
If you have been a victim of online LGBT hate speech you can report it to the Love Not Hate campaign or report the incident anonymously via South Africa’s first LGBT hate crime reporting site. You can also lodge a complaint with the SA Human Rights Commission or take the matter to the Equality Court.