Mogoeng Mogoeng

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As the then Chief Justice of South Africa, Mogoeng was the head of the Judicial Service Commission (JSC), which was responsible for the appointment of judges. The JSC attracted criticism under Mogoeng's stewardship, in part because of its attitude to the racial "transformation" of the judiciary.

Izak Smuts, one of the JSC's senior members, resigned in protest at the JSC's "disturbing" appointment record, and the Helen Suzman Foundation took the JSC to court over its allegedly "irrational" refusal to appoint certain candidates. [84] Shortly thereafter, Chief Justice Mogoeng gave a speech at an Advocates for Transformation event in which he said a "deliberate attempt is being made to delegitimize the JSC" through "scare tactics" and blamed this on "a well coordinated network of individuals and entities" – possibly apartheid agents, Mogoeng implied – "pretending to be working in isolation from each other". [85] Mogoeng called on his audience to oppose "this illegitimate neo-political campaign to have certain people appointed".

This now "infamous" [86] speech was criticised for departing from the requirements of judicial impartiality and seeming to betray a racial bias. [87] [88] Paul Hoffman SC sought to have Mogoeng impeached on the basis that he had brought the judiciary into disrepute, [89] but this complaint was itself widely criticised as "ill-considered" [90] and "weak on the law" [91] and was dismissed by the Judicial Conduct Committee. [92] A year later, when Hoffman and Smuts appeared in an unrelated case before the Constitutional Court (coincidentally involving the Helen Suzman Foundation), Mogoeng strongly criticised the conduct of their client's case and upheld a rare punitive costs order against him. [51] One commentator described this as a "discredit" to the Court's usual approach. [93]

After the retirement of Justice Thembile Skweyiya in May 2014, Mogoeng stated that he wanted to appoint a female judge in his place. [94] [95] The vacancy was then left open for over a year, as a series of female acting appointments were made instead, apparently to provide a test run. This dilatoriness in making a permanent appointment was criticised by commentators, who said it was corrosive of judicial independence and inconsistent with the South African Constitution. [96] [97] Mogoeng's stated reason for the delay, namely the need to find competent female candidates, was said to be "patronising" and unconvincing. [94] [97] Mogoeng was also criticised for giving the impression that JSC appointments were "preordained" and that male candidates would not be considered. [98] The JSC finally acted to fill the vacancy fourteen months after it arose. [99]

Starting in late 2014, after a change in the JSC's composition, several commentators perceived a marked improvement in the conduct of its interviews, especially on questions about gender transformation in the judiciary. [100] [101] [102] [103] [75] This was ascribed in part to Mogoeng's leadership and to the departure of ANC hardliners like Jeff Radebe, Ngoako Ramatlhodi and Fatima Chohan. [100] [103]

Hlophe complaint

Mogoeng was the head of the JSC during most of the long-running controversy over misconduct complaints against Western Cape High Court Judge President, John Hlophe. [104] [105] The main complaint against Hlophe was laid in 2008 by the judges of the Constitutional Court, who alleged that he tried to persuade them to decide a case in favour of then-President Jacob Zuma. The processing of this complaint was repeatedly stalled so that, more than ten years after it was first lodged, no action had been taken against Hlophe. [104] [106]

In January 2020, further complaints were lodged against Hlophe by his deputy judge president Patricia Goliath. [107] Mogoeng is the chairperson of the JSC's Judicial Conduct Committee, which is mandated to decide this complaint. Mogoeng initially disclaimed responsibility, however, on the basis that he lacks any legal power to take disciplinary action against a judge. [108] This argument has been rejected by commentators [108] and the JCC's refusal to take action described as "bizarre". [105] Later, however, in July 2020, Mogoeng decided that the complaint against Hlophe should be adjudicated by the JCC, and said that, if true, the complaint would be grounds for a finding of gross misconduct. [109]

Other positions and awards

On 27 March 2018 the University of Johannesburg conferred an honorary doctoral degree on Mogoeng, citing his "notable contributions within the judiciary sphere - which should remind South Africans to take the constitution as a guide which will give us unity to build our country and to reconcile as all South Africans". [110]

In 2013, Mogoeng was awarded an honorary doctorate by North-West University. [111]

See also

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References

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  48. ↑ RDM News Wire (4 August 2015). "Chief Justice Mogoeng secures date with Zuma". Times LIVE. Retrieved 6 August 2015.
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  50. ↑ Oriani-Ambrosini, MP v Sisulu, MP Speaker of the National Assembly (2012) ZACC 27.
  51. 1 2 Helen Suzman Foundation v President of the Republic of South Africa and Others; Glenister v President of the Republic of South Africa and Others (2014) ZACC 32.
  52. ↑ "Sections of Hawks Act unconstitutional". The Herald. 28 November 2014. Retrieved 18 May 2015.
  53. ↑ Democratic Alliance v President of the Republic of South Africa and Others, (2012) ZACC 24.
  54. ↑ National Commissioner of The South African Police Service v Southern African Human Rights Litigation Centre and Another (2014) ZACC 30.
  55. ↑ Ncube, Wayne (9 April 2015). "Universal jurisdiction in Africa: A step towards justice". African Legal Centre.
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  103. 1 2 Tolsi, Niren (17 April 2015). "Bebop on the bench". The Con Mag.
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  110. ↑ "News & Events - UJ confers honorary doctoral degree on stalwart Chief Justice Mogoeng Mogoeng". www.uj.ac.za. Retrieved 3 July 2021.
  111. ↑ Chief Justice Mogoeng Mogoeng receives an honorary doctorate from the NWU .
The Honourable
Mogoeng Mogoeng
Mogoeng Mogoeng.png
21st Chief Justice of South Africa
In office
8 September 2011 –11 October 2021
Preceded by Sandile Ngcobo
Succeeded by Ray Zondo
Current justices
ConstitutionalCourtofSouthAfrica-table-20070412.jpg
Former justices
Lists of judgments
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