Johannesburg – Pressure is mounting on Chief Justice Mogoeng Mogoeng to retract and apologise for his pro-Israel comments as directed by the Judicial Service Commission (JSC). Mogoeng has until Thursday to retract his comments on the South Africa’s policy on the Israel-Palestine conflict.
Mogoeng told a webinar in June last year that he was under an obligation as a Christian “to love Israel, to pray for the peace of Jerusalem, which actually means the peace of Israel”.
Amid a backlash following the comments, a defiant Mogoeng said: “Even if 50-million people were to march every day for 10 years for me to do so, I would not apologise.”
Yesterday, the Council for the Advancement of the South African Constitution (Casac) warned that Mogoeng could be impeached should he ignore the JSC’s sanction.
“The public respect for the integrity of the judiciary is in part premised on judges accepting the authority of the Judicial Service Commission and its disciplinary processes. When they deviate from accepted norms of behaviour and are called to account by the JSC, they are obliged to accept that outcome [subject to any right of appeal],” said Casac executive secretary Lawson Naidoo.
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“It is not open to a judge to simply ignore a sanction imposed by the JSC. If a judge were to ignore a sanction lawfully imposed, that might well constitute gross misconduct, opening the way for impeachment proceedings to be initiated against that judge,” he added.
The EFF yesterday slammed Mogoeng, saying the chief justice should not behave as if he is bigger than the constitution and the laws of the land.
“Even Nelson Mandela had to apologise at some stage where he had gone wrong. He must end his term with dignity and not try and take the office of the chief justice with him. Much like any instruction that comes from a tribunal or a court of law, he should be the first citizen to uphold the law and judges should be exemplary,” said party spokesperson Vuyani Pambo.
He added that if Mogoeng is allowed to get away with his actions , South Africa will cease to exist as a country founded on laws.
“Even the bible that he believes in tells him to obey the laws of the land. His religious beliefs are not circumvented or trampled upon when he is told to apologise,” said Pambo.
Constitutional law expert Mpumelelo Zikalala said Mogoeng had no room to manoeuvre, adding he was in the same predicament as former president Jacob Zuma, who also caused a constitutional crisis when the defied Constitutional Court order that he appear before the Zondo Commission.
“He should have understood that once you have assumed the chief justice office, you indirectly forfeit the right to freedom of expression. His duties do not end in the courtroom or offi ce but extend outside his place of work. His office is the highest in the judiciary and the lady justice shouldn’t have eyes, so his views cannot be made public,” explained Zikalala.
He said if Mogoeng failed to appeal the JSC ruling, the matter will be taken back to the committee where he is likely to be impeached. UDM leader Bantu Holomisa leaped to Mogoeng’s defence, saying the freedom of expression enshrined in the constitution entitled the jurist to his comments on the Palestine/Israel conflict.
“Mogoeng Mogoeng does not belong to any party, therefore he is not obliged to pursue an ideology of the ANC on Palestine. Even in South African politics, the views on Palestine are divided.”
Additional reporting by Sandile Motha.
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