LGBT VOICES: Following the news that Theshen Naicker’s application for a protection order against Imran Omar failed, Naicker took to social media to share his experience of what happened in court.
The Durban court had on Monday found the application made by Theshen Naicker for a protection order “unreasonable” and that he (Naicker) had acted ” vexatiously in persisting with his application” for the interdict in the Harassment Court.
Naicker’s lawyer, Theasen Pillay of TPA Legal 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. Naicker intends to also lodge a complaint independently with the Legal Practice Council of South Africa.
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The matter was dismissed with costs in favour of Imran Omar and Theshen Naicker plans to appeal the judgement.
Lisa Sukdev, spokesperson for TPA Legal commented,
“Both Theshen Naicker and Theasen Pillay are shocked at the judgment passed in court, in the Protection order matter. Theshen is extremely emotional and distraught feeling that the justice system has failed him. Theasen Pillay has confirmed, The matter is being taken up on appeal. This is a travesty of justice and far from the end of the road in this matter. No stone will be left unturned in securing Theshen the justice he truly deserves.”
Theshen Naicker currently has other cases pending against Durban food lover Omar at the Equality court and a complaint lodged with the South African Human Rights Council (SAHRC).