Judge Mogoeng is a unique individual in SA

His opinions are models of the art of judging, writes from Benoni

TFarouk Araie

he burglary at the offices of Chief Justice Mogoeng Mogoeng have a sinister and ominous undertone. An incident of this magnitude occurs only in countries that are under siege.

There is a sad but common misconception in our society that time and energy contributed to others is time and energy lost.

Rare is the individual with the proper perspective to recognise that we may give without losing, and that it is often in giving that we gain. Judge Mogoeng is such an individual.

His carefully reasoned and beautifully written opinions are models of the art of judging. His opinions will continue to inspire legions of jurists to follow in his way. Many know him for his fairness, judicial restraint, and eloquent and influential opinions.

The nation should always be grateful for his integrity and absolute probity, and for his contributions to our law and the dignity of our courts.

As a judge he gave years of inspirational service to the nation. He is a caring person and a model of civility, a man of outstanding intelligence, talent and integrity.

His apex court stands as an arbiter in holding the balance between individuals and between the state and the individual, and should not have the slightest hesitation to strike down or condemn any statutory shelter for bureaucratic discrimination, any legislative refuge for the exercise of naked arbitrary power in violation of any of the provisions of the constitution.