Mogoeng on extended leave he applied for himself
Chief justice qualifies for three-and-a-half months leave in every four-year cycle
Chief justice Mogoeng Mogoeng’s time as the country’s top judge is effectively over. While he remains in office, Mogoeng is on extended leave, which he applied for himself.
Mogoeng told justice minister Ronald Lamola and President Cyril Ramaphosa he wanted to take the paid extended break. It was granted, effective from May 1.
The law prescribing judges’ pay and work conditions allows for Mogoeng to take three-and-a-half months’ leave, called long leave, in every four-year cycle.
The long leave does not carry over. A statement from the office of the chief justice released yesterday emphasised Mogoeng’s right to long leave he would otherwise forfeit.
Judiciary spokesperson Nathi Mncube said: “It is normal practice in the judiciary for judges to take their leave whenever it is due. The chief justice’s long leave was due and he has duly taken it.”
Justice Sisi Khampepe took the reins at SA’s judiciary in an acting capacity on Wednesday.
According to the Superior Courts Act, if the chief justice is absent or the post is vacant, their deputy must do their job in an acting role.
Deputy chief justice Raymond Zondo is occupied with the demands of the state capture commission, so he is unable to perform many of his usual duties in the Constitutional Court. This includes standing in for Mogoeng.
Khampepe’s promotion to acting deputy chief justice allows her to “fill the shoes” of the top judge in an acting capacity.
According to the process laid out in the Superior Courts Act, Khampepe must first be appointed acting deputy chief justice – only then can she serve as acting chief justice.
As acting head of the Constitutional Court her tasks will include allocating cases, chairing meetings and high-level administration.
Meanwhile, Zondo is under pressure to wrap up the state capture inquiry by next month. Provided he succeeds, he would then be in a position to take over from Khampepe.
Mogoeng’s long leave will most likely carry him to the end of his 12-year term, once the court terms and recess are taken into account.