Institute calls on JSC to impeach Mogoeng

2013-08-06 15:02

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A complaint calling for the impeachment of Chief Justice Mogoeng Mogoeng has been laid with the Judicial Service Commission (JSC).

The Institute for Accountability said today its director, Paul Hoffman, SC, did so after Mogoeng addressed Advocates for Transformation last month.

“The most serious aspects (of the complaint) include allegations of contempt of court and attempting to defeat the ends of justice, which it is alleged amount to gross misconduct, justifying impeachment,” the institute said.

In his speech, Mogoeng questioned critics who complained when a white male candidate was not recommended for appointment to the Bench, while those who were appointed were described as “executive toys”.

“These developments seem to suggest that war has been declared against transformation. People are clutching at straws to discredit the JSC. They seem to want the JSC they can dictate to,” he said in a speech prepared for delivery.

“The apparent discomfort with the progress we are making in transforming the judiciary ... must be dealt with decisively.

“And for the record, many white males have been recommended for appointment by the JSC over the years. It is for them and those who know them better to say whether they are ‘executive toys’.”

JSC secretary Sello Chiloane said the commission received the complaint.

“The complaint will be dealt with by the judicial conduct committee,” he said.

“The chief justice is one of those judges on the committee and because the matter involves him, they will have to consider how to deal with it. They will handle it in terms of their own processes.”

The institute said it included a complaint of gross incompetence in the first complaint.

“(This is to) ... cover the eventuality of the JSC being unable to find the necessary intention for the charges of contempt and attempting to defeat the ends of justice,” it said.

“The JSC has been asked to deal with the matter as one of urgency in view of the high office of the chief justice and his invitation to ‘forge ahead’ with the complaints.”

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