Mgoqi cites age as he bows out of race for chief justice
The long list of candidates for chief justice has fallen from eight to seven after Ayo Technology Solutions chair Wallace Mgoqi withdrew approval of his nomination.
Speaking to Business Day on Tuesday, when the seat at the top of SA’s judiciary became vacant following Mogoeng Mogoeng’s retirement, Mgoqi confirmed that he had retracted his candidacy, citing his age of 72 years and his health.
“I took the matter rather lightly, at first, when asked to sign an acceptance letter,” he said. Days after approving his inclusion, Mgoqi wrote to the presidency, giving the assurance that he is fit for the post, but electing to retreat.
“I believe it is a wise move for me to learn from president Nelson Mandela’s example when he decided that his health and his age were not on his side for a second term,” wrote Mgoqi on October 7.
He explained his “altruistic” decision and raised his work in the legal field teaching attorneys who represent claimants in the land claims court about mediation and arbitration.
Mgoqi insisted his retreat was not linked to his position as chair of Ayo, which is majorityowned by Iqbal Survé’s Sekunjalo Group, which has been cloaked in controversy.
When Ayo listed on the JSE in 2017, the Public Investment Corporation (PIC) held a 29% share of R4.3bn. An independent probe into claims of alleged lawbreaking at the asset manager found dealings between the two entities were questionable.
In May 2021, Mgoqi announced Ayo intended to take the PIC investigation report on review, asserting that the findings lacked supporting evidence to back up claims of improper conduct or wrongdoing.
The long list of publicly nominated candidates selected by the president’s advisory panel comprises Western Cape judge president John Hlophe; appeals court president Mandisa Maya; Constitutional Court justice Mbuyiseli Madlanga; deputy chief justice Raymond Zondo; public protector Busisiwe Mkhwebane; Gauteng judge president Dunstan Mlambo; and senior advocate Alan Nelson.
Mgoqi said the remaining contenders for the top job are much younger, in better health and worthy of the position. That said, gender activist Mgoqi thought appointing Maya would be “too much of an affirmative action . Zondo, in his view, had the gravitas for the role.
In almost 30 years of democratic dispensation, the Constitutional Court has yet to have been led by a female judge. Broadly speaking, the top bench must reflect SA society.
Analysts and colleagues who favour Maya describe her skilful leadership of the Supreme Court of Appeal. When Maya was recommended for the appeals court in 2017, the General Council of the Bar recorded her “excellent grasp of constitutional issues”, not only technically but in relation to the bill of rights.
Mgoqi is backing Zondo, who has juggled acting in Mogoeng’s stead and chairing the state capture inquiry. To some this is a benefit Zondo is known as a stickler for detail with a remarkable memory whereas his detractors say the process has taken too long. Even with a recent extension, his final report may not be done by December.
Members of the public have until 5pm on October 15 to lodge grievances against any of the seven candidates, after which the advisory panel will short-list three to five names. That list must reach President Cyril Ramaphosa by October 29.
2021 when Mgoqi said he would take the PIC investigation report on review
7 contenders for the role of chief justice left on the long list, which must be reduced to three to five names