Johannesburg- Pastors have played a critical role in shaping the country’s political landscape.
For instance, historians of the ruling party ANC don’t forget to mention the men of the cloth in their capturing the history of the 109 years old organisation.
The organization has, at different stages of its life, been led by clerics, including its founding president, Langalibalele Dube, Inkosi Albert Luthuli and Reverend Zaccheous Mahabane.
In later years, church leaders such as Archbishop Desmond Tutu, Alan Boesak, Frank Chikane and Beyers Naude would leave an indelible mark in the fight against Apartheid.
Fast forward to today, the church remains an important institution in society, albeit with less influence on the country’s body politic because of the proliferation of charismatic pastors driven by money, greed and crass materialism.
The role of the church and men of the cloth in the country’s political order comes to mind when one reflects on the tenure of outgoing Chief Justice Mogoeng Mogoeng, a pastor himself.
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This week, Mogoeng’s tenure at the helm of the country’s judicial system came to an end, marking the end of an era during which the Constitutional Court rose to the occasion.
Considered a puppet of former President Jacob Zuma when he ascended to office in 2011, the apex court in the land under Mogoeng’s leadership would live to some of the wishes of the forebears of the country’s democratic dispensation, affirming that ours in a Constitutional order.
On the inauguration of the Constitutional Court on 14 February 1995, the founding president of democratic South Africa Nelson Mandela said it was the task of this court to ensure that the values of freedom and equality which underlined our interim constitution were nurtured and protected so that they may endure.
“People come and people go. Customs, fashions, and preferences change. Yet the web of fundamental rights and justice that a nation proclaims, must not be broken.
We expect you to stand on guard not only against the direct assault on the principles of the constitution but against insidious corrosion. Attacks on the basic rights of the people are invariably couched in innocent language,” he said.
Mogoeng’s ConCourt handed down two important judgements that reaffirmed the Constitution and the rule of law – the Nkandla judgement and the Zuma arrest for contempt of the court.
In March 2016, the court ruled that Zuma pay back money used for non-security features during the upgrade of the Nkandla homestead.
But most importantly, the court ruled that the remedial actions of the Public Protector are binding, a judgement that reaffirmed the importance of the Chapter Nine institutions, which were set up to support the country’s democracy.
Four years later, the same Constitutional Court sentenced Zuma to 15 months imprisonment for defying it and refusing to go back to the Zondo Commission into state capture.
Handing down the sentence, Justice Khampepe, who served his last day on Monday, said: “At its core, this matter is about an egregious threat posed to the authority of the Constitution, the integrity of the judicial process, and the dignity of this court. If these circumstances do not warrant “swift and effective judicial intervention”, then I do not know what will.”
But his time in Braamfontein was not without controversy, as evidenced by his conflation – at times – of religious beliefs, politics and jurisprudence.
He gained notoriety for supporting Apartheid Israel and, of late, questioning vaccines, saying if “Covid-19 vaccine that is the work of the devil meant to infuse 666 in the lives of the people, meant to corrupt their DNA … may it be destroyed by fire.”
Zozo Dyani-Mhango, the law expert at the University of Pretoria, said it was the first time under Mogoeng where the Chief Justice had to take a stance against a sitting president.
“Mogoeng stood out as the illustrious Chief Justice, where under his leadership, the ConCourt made crucial judgements,” Dyani- Mhango said.
“The personal indignities to which he was subjected were referred as low key points, however, this doesn’t mean he lost his own dignity or grace,” she added.
Pierre de Vos, constitutional law scholar and legal analyst, said very broadly, Mogoeng will be remembered as a Chief Justice who is leaving a fair legacy, not positive or negative, as he had his own flaws surrounding his successful victories.
“The comments will always come as we highlight his legacy, yes he did well in some cases, but these comments made damages in light of his image,” said de Vos.
“His instances on the judgment have been really firmed and his religious fundamentalism were also brought to book, but these instances were on his personal beliefs,” added de Vos.
‘During his tenure, Mogoeng became an upholder of the rule of law and never made biased judgements, the court acted without fear of prejudice in his stewardship,” he concluded.
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