Chief Justice Mogoeng leaves an uncertain legacy
CHIEF Justice Mogoeng Mogoeng has retired, a brilliant chief justice who will be remembered for his statements on Israel and the Palestinians.
A judicial officer holding this important post should be able to pierce any obfuscating doctrine and get to the heart of the matter.
The daily violations of international law in the conflict zones defy description. Collective punishment is enacted every week to intimidate those whose only aim is to redress the injustices being ruthlessly inflicted upon a powerless populace.
Article 33 of The Fourth Geneva Convention defines collective punishment as a war crime. The policy of settling civilians in occupied Palestinian Territory contravenes fundamental rules of international humanitarian law. It is a gross violation of Article 49 of The Fourth Geneva Convention. The complete list of violations and horrific brutality is endless.
Israel's plunge from the height of civilisation to the depths of barbarism is an everlasting shock.
Justice Mogoeng could have elaborated on the international aspects of securing a honourable peace accord and the right of co-existence. Instead, he exercised political brinkmanship of biblical proportions. Tactless and offensive speech is the trademark of the fool.
Justice Mogoeng professes to be a devout Christian – in that vein, I quote (James 3:8-10): “No one can tame the tongue – a restless evil, full of deadly poison.”
The tongue is small but mighty in its potent destruction. It was Jesus who said: “What comes out of the mouth proceeds from the heart. This is what defiles.” (Matthew 15:18-20.) Our defiled tongue exposes our defiling heart.
Justice Mogoeng had created a political firestorm. Never before in our judicial history has a political speech been so partisan and polarising. What is his version of democracy ? Democracy, as a means to end repression, realise freedom and achieve global peace in both the media and in academia, as the ultimate political accomplishment.
Justice Mogoeng should quote Deuteronomy 17:14-20 that the law of governance in a democracy applies equally to all. Yet, parallel to this, ambiguous interpretations have, at times, led to the Bible being used as justification by fascist and right-wing regimes.
Justice Mogoeng should, at a time of crisis and peril in the holy lands, provide impartial stewardship that could play a crucial role in international affairs and governance.
Instead of spitting toxic religious fire, he should have concentrated on expounding Isaiah's invocation of “beating swords into ploughshares”.
The trouble with leaders using biblical quotations is this: it's hard, and most of them think it's easy. The Bible-quoting preacher or politician usually ends up sounding self-important, disingenuous, ill-informed, or all three at once.
It has become merely a device of political spin, a set of empty and banal clichés divorced from context and meaning ready to be deployed at will.
Chief Justice Mogoeng's provocative speech has blurred the boundaries between religious discourse and public life.
Displaying or using biblical precedents sends out a message of discord in a multi-religious society. Those who profess faith as their moral compass have manipulated religion as profound symbolism in the propaganda war they wage across the religious and political spectrum and will forgo common sense in its hubris.
Justice Mogoeng has tarnished the image of his office, which stands at the apex of our judicial system, and, in the process, diluted the influence of a powerful institution.
His illustrious predecessors like Ismail Mahomed and Pius Langa must be turning in their graves.
Justice Mogoeng has decimated his image as an impartial dispenser of justice. No human being on earth should bow before the shrine of intolerance.