Decision on chief justice’s appeal yet to be finalised

CHIEF Justice Mogoeng Mogoeng’s appeal against the ruling ordering him to apologise for his alleged pro-Israel comments has not yet been finalised.

In June last year, Justice Mogoeng featured on a webinar hosted by the Jerusalem Post, alongside Chief Rabbi Warren Goldstein.

In the online programme, Justice Mogoeng expressed what some interpreted as his love for Israel. He also criticised the ANC for its approach to the Israel-Palestine conflict.

#Africa4Palestine, a human rights and Palestine solidarity organisation, reported Justice Mogoeng to the Judicial Services Commission (JSC), on the basis that a judge should not become involved in political controversy or activity. In the complaint, the group said his conduct was improper for a judge.

In March, the JSC’s Judicial Conduct Committee ruled that Justice Mogoeng had contravened Article 12 (1) (b) of the Judicial Code of Conduct.

The article states that a judge must not – unless it is necessary for the discharge of judicial office – become involved in any political controversy. It also found that he criticised the government’s stance on the matter, which was against the Judicial Code of Conduct. The committee then ruled he had 10 days to apologise and retract the statements.

Justice Mogoeng did not apologise. Instead, he said he intended to appeal against the decision. In his appeal, Justice Mogoeng said the committee had failed to interpret the Judicial Code of Conduct in a way that supported and promoted the right to freedom of religion and freedom of expression.

In a bid to resolve the matter, #Africa4Palestine wrote to Justice Mogoeng requesting a meeting but he declined the invitation. His appeal and the organisation’s opposing submissions to the appeal were heard by the conduct committee at the Constitutional Court on June 11.

Muhammed Desai, the director of #Africa4Palestine, recently wrote to the committee seeking answers.

He said the organisation was concerned because Justice Mogoeng’s term was coming to an end by October.

“It sets a bad precedent that one can occupy such high judicial office for more than five months with an appeal pending against him or her. This delay weakens the JSC and brings uncertainty to the entire South African judiciary.”

Desai said in its letter to the conduct committee that they had requested a time frame for the finalisation of this appeals process.

He said the organisation agreed with the JSC that Justice Mogoeng’s pro-Israel utterances violated the JSC Code of Judicial Conduct.

“Following his pro-Israel comments, #Africa4Palestine, supported by other organisations, including the Woman’s Cultural Group, laid a complaint with the JSC. We have been waiting almost half a year now for the JSC’s Judicial Conduct Committee outcome and verdict on Chief Justice Mogoeng’s appeal.”

Sello Chiloane, of the office of the chief justice, said the appeal committee of the Judicial Conduct Committee was still considering the record and all the submissions made.

Chiloane said a date for when the decision on the appeal would be made had not been determined.