News24

The past verdicts that maketh Mogoeng

2011-08-21 15:15

Johannesburg - A woman who was tied up with wire and dragged for 50m behind her boyfriend’s car was asking for it.

This is what the country’s likely new chief justice implied during an unreported ruling in the High Court in Mafikeng.
 
In 2002, Judge Mogoeng ­Mogoeng intervened in the “heavy” sentence that Eric ­Mathibe received for the act.

The magistrate tried to justify the two-year sentence he had ­imposed, saying this type of ­assault was common against women in the Odi District in the North West and that it was ­“barbaric and old-fashioned”.

In his review decision, Mogoeng said these were valid arguments, but the fact that Mathibe’s girlfriend had “provoked” him was a mitigating factor in his actions. ­Also, the victim did not suffer “serious injuries”, Mogoeng found.

She suffered various abrasions on her stomach, right leg and knees from where she was dragged on a dirt road, but ­Mathibe refused to get medical help for her. He took her to a ­doctor the next day.

Mogoeng found that the two-year sentence was “too heavy, ­according to any standards”. He reduced the sentence to a fine of R2 000.

City Press went through dozens of Mogoeng’s unreported judgments as judge and later judge president of the court.

In various rulings, he did not ­hesitate to criticise lazy or ­incompetent magistrates.

Church


Administration makes up a large part of a chief justice’s work and Mogoeng was part of his predecessor’s task team in terms of this.

The majority of Mogoeng’s judgments were in criminal cases as opposed to complex civil cases. Critics have used this to question his experience.

And, if Pastor Mogoeng ­Mogoeng believes what his church preaches, he will struggle to choose between his beliefs and the Constitution.

Winners Chapel International preaches that homosexuality is a perversion and members of the congregation can buy their ­bishop’s book to find out how to be cured. Abortion is also considered taboo.

On its website, the church boasts that it has cured members of a host of illnesses through prayer. If a woman has been ­pregnant “for five years and seven months and does not want to give birth to the baby”, there is also ­testimony on the website about how the baby can be prayed into the world.

Various church leaders confirmed on Saturday that Mogoeng was a member of the Johannesburg branch and provided “pastoral services”, such as house visits, but did not preach.

The church was founded years ago in Nigeria by Bishop David Oyedepo, one of the richest and most powerful spiritual leaders in the world.

Advocate Paul Hoffman, director of the Institute for Accountability in Southern Africa, said ­Mogoeng’s religious beliefs could lead to a potential conflict between church, state and the judiciary.

“What will happen if he feels his religious beliefs are more important than his day job?”
 
President Jacob Zuma’s office said last that Mogoeng is very capable, qualified for the post and committed to the transformation of the judiciary.

Stakeholders are expected to give their input to Zuma within the next week before an appointment is made.

Comments
  • Marcell - 2011-08-21 12:56

    Another incompetant appointee.

      Kevin - 2011-08-21 16:26

      Who is from the stone age .

      Flasheart - 2011-08-21 16:37

      A Moegoe

      PinkAndProud - 2011-08-21 17:05

      You said it, and if Zoomer 783 thinks he's competent, it says it all.

      Sedick - 2011-08-21 17:36

      And is that not constant with all Zuma appointments? Cele, Manyi, Simelane, Shiceka, etc. Appoint the skelms, incompetent Cadres. And they will support him, and cover up any corruption......

      BigMoose - 2011-08-21 18:11

      Let's take the learned judge for a drag down a dirt road and see if he asked for it.

      ZACommentator - 2011-08-21 19:49

      Let's drag him behind my car for a while, see how he likes it.

      Oopkopdenker - 2011-08-21 20:06

      @ Marcell. Since 99.9% of people that care to like or dislike agree with you, kindly share with us your research on all the cases that he has judged. Same really goes for all the other sheep. I don't have a clue myself, but I would much rather allow the legal profession's opinion to shape mine, than rely on a journalist that might not share the full reasons for mitigating circumstances (in relation to the dragging episode) and that might be an atheist (thus the emphasis on religion, without any concrete evidence shared during all his research that points towards a conflict of religion and duties). Point: we can only really have a go at the guy if we have concrete evidence or a professional opinion (not from a journalist) that point to incompetence. I will of course be disliked on my opinion, regardless of whether I am maybe the voice of reason :)

      Marcell - 2011-08-22 04:16

      @oopkopdenker Recently Justice Mogoeng Mogoeng has been giving some clues about himself. A member of the Constitutional Court since 2009, Mogoeng raised some eyebrows last month with the court’s decisions in the matter of Le Roux vs Dey. This case concerned some schoolboys who downloaded a photograph of two men sexually stimulating each other and superimposed on the original the faces of two teachers. One of the teachers sued and the matter ended up at the Constitutional Court. Looking at the outcome, constitutional commentator Pierre de Vos noticed a curious fact. As usual, the court issued a summary of the result and the position taken by each judge. From this summary it was clear that Mogoeng didn’t write a decision to explain why he dissented from the rest. The summary said that all members of the court shared the same view about the question of an apology, and, except for Mogoeng, all were in agreement ‘regarding expression about constitutionally protected groups’.

      Marcell - 2011-08-22 04:16

      @oopkopdenker The judges, who agreed with each other on some issues and disagreed on others, explained their views in their respective judgments. All except Mogoeng. His disagreement with the rest of the court about ‘constitutionally protected groups’ – in the context of the case the groups concerned were gays and lesbians – was noted in the summary, but he never wrote a decision to explain his dissent. Instead there was a curious silence. This is not small matter – it has, to the best of my recollection, never happened before that a judge of the highest court does not commit to a position. If you don’t like what the others say, you spell out why and what you would say instead: that’s the rule, that’s been the practice, and it’s an essential part of judicial accountability that this should continue.

      Marcell - 2011-08-22 04:17

      @oopkopdenker So now there are question marks about Mogoeng. Why he didn’t explain his dissent: Is he confused? Unable to articulate his views? Is he lazy? Or didn’t he realise that he was obliged to write a decision? Since then I have been waiting for him to produce a judgment so I could look for answers. Last week he was part of the court that decided the case of Robert McBride and the Citizen with a result that the media welcomed as a victory for free speech. Once again the court divided into several groups – and once again Mogoeng was out on his own. This time however he committed his thoughts to writing.

      Marcell - 2011-08-22 04:17

      @oopkopdenker Turns out he would have held against the Citizen, and for some most noteworthy reasons. The Citizen’s comments, he decided, amounted to a well-orchestrated character assassination campaign. Such an approach went against the spirit out of which amnesty was born: it was supposed to be part of a ‘firm and generous’ commitment to national reconciliation, he said. Truth-telling as part of the amnesty process was not intended to lay the foundation for ‘endless vilification’ of human rights abusers in the name of freedom of expression, Mogoeng added.

      Marcell - 2011-08-22 04:18

      @oopkopdenker In his view, we lived in an African culture rapidly being denuded of its traditional moral values. Language was once used in moderation and ‘foul language was frowned upon by the overwhelming majority’. Now however a new culture had taken over that was cancerously eating traditional values. The Citizen with its nasty attack on McBride was part of that culture and it should not be allowed. While the judge gestured towards the importance of free expression, he made it clear that dignity and traditional values were what really counted. Now of course the silence about his dissent in the Dey case is even more interesting: would his views on traditional values make him uncomfortable about constitutional equality for gays and lesbians? Is that what he didn’t say in the earlier decision?

      Marcell - 2011-08-22 04:20

      @oopkopdenker, So dragging your woman behind your car is part of the tradition? Let me know if you want more.

      debrakayestylist - 2011-08-22 05:04

      This is ridiculous Like "Moeletsi Mbeki FOR President" on facebook and lets get rid of the clowns.

      tailormade - 2011-08-22 08:06

      Marcel, Exactly. Anyone can trace the judgements made by this judge. He is led by his religious beliefs.....not our constitution. He has got all the right in the world to has his faith/religion....but it should never cloud his defense of our constitution.

      Together - 2011-08-22 12:03

      No-one has a problem with other judges' cultural beliefs - even our president has multiple wives and supports the bare-handed killing of cattle - don't confuse the issue. What is of major interest is that someone gets two years for dragging a woman behind a car down a dirt road - WTF?@!!!!!

      RL - 2011-08-22 12:44

      @marcell you raise good points however in not articulating the reasons for the dissenting judgment it does not mean "he didnt commit to a position", the curiosity arose from the fact that he failed to substantiate his disagreement with the majority. re:mcbride - as you may well be aware that the debate of FOE v invasion of privacy and the right to dignity is well documented and is a difficult balancing act on an international scale and is not unique to sa i.e.news of the world/r murdoch. the value of the concourt is the differing educated opinions and there is nothing wrong with mogoeng taking his own stance as long it is substantiated and sound in law.

      YBNS - 2011-08-22 14:40

      @Herman Scholtz "This is what the country’s likely new chief justice implied during an unreported ruling in the High Court in Mafikeng." And I suppose, we must believe this garbage!

      I H8t Malema - 2011-08-22 15:04

      THANK YOU!

      Christelle - 2011-08-22 18:53

      I hate saying this, but nothing else comes to mind: DUMB SHIT!!!!!!!!!!!!!!

      psebetlela - 2011-08-23 09:11

      @Marcell:wrong! its lyk assaultin some1 n getin shot 4 it.u cnt js giv a shooter a heavy sentence without lukin at al merits of the case.it was proven in court the man ws provokd(as u & i & de journalist who puplishd knws 'skwat' abt legal professionalism).ds democracy thin tends2 spiral out of control n ppl think they cn say or do anythin they want.i respect ppl who hav guts 2 make unpopular ryt decisions n stick by thm,besides,majority is nt always ryt!@ Oopkopdenker...BIG UP!!

      daaivark - 2011-08-23 09:26

      @psebetlela: This isn't twitter. Please use intelligible words and things. It's impossible to decode your comment.

      tut - 2011-08-23 09:47

      Only in South Afrian do we drag women behind cars. Drop liveborn babies into dustbins. Burn our pets. Rape for corrective reasons! Promote convicted felons to senior government positions. Support terrorists like Qaddaffi. So the moral of the story (sorry but immoral would have been a more apt choice of wording) is that the ANC criminal culture has disseminated rather nicely into our society! Nice!

      JMan - 2011-08-23 11:35

      @ Marcell - thanks for the info! @ Oopkopdenker - where are you now? @ psebetlela - please don;' write like an 11 year old girl while trying to sound clever and be taken seriously. Writing like that is not 'cool' or 'modern'. Its retarded. Especially on a forum.

  • mokwenatau - 2011-08-21 14:26

    Though I doubt Mogoeng's experience, I find the scrutiny of his religious affiliation irrelevant to the issue in question. We have Muslims and Christians in government, and we hardly see conflicts. It should be Megoeng who should decline the position if he feels it will be in conflict with his religion. In judging him, let us look at his experience and qualifications only.

      Wes - 2011-08-21 16:07

      So you agree that a woman who is beaten deserves it?

      Stevie - 2011-08-21 16:08

      Agreed. Let's just consider a lack of complex civil experience and questionable judgements for the time being.

      GT - 2011-08-21 16:09

      the problem comes when he decides Gods laws are more important that the Laws of the Country.

      ChumScrubber - 2011-08-21 16:18

      He should never even be considered for the position - censors are a bit overboard on this site??

      Grant - 2011-08-21 17:15

      Has enough damage not already been done by the Mbeki era aids denialism etc? This mans religious convictions will put him very firmly into these kinds of intolerant cliques, which is not conducive to a neutral and unbiased viewpoint as demanded by the position for which he has been nominated.

      Mallyg - 2011-08-21 18:38

      @GT. God's laws are certainly very much more important that man's laws. After all, God created each one of us as, well as the stars moon and sun; not to mention the thousands of galaxies beyond. Or do you think Mandela created all that??

      ZACommentator - 2011-08-21 19:47

      @Mally - god's laws? Which laws are those? Have you ever spoken to god? What did they say? "Be nice to my son"? "You are all very naughty"?

      BrixtonBriefcase - 2011-08-21 21:03

      Mallyg - everytime I read a comment like yours I'm a bit taken aback. I forget that there are still deaf/dumb/blind people like you around. Thankfully I don't have to deal with the type in my everyday life.

      Kishore Doodnath - 2011-08-22 07:11

      Having a religious nut who also supports archaic cultural customs in a position of power is madness. Does not matter whether he is christian, muslim or otherwise. We need intellectual giants and not bigoted dwarfs in the halls of power. Pity Moseneke has said he does not want the job - we should start a campaign to make him reconsider.

      tailormade - 2011-08-22 08:08

      Mok, I think you are missing the point: His judgement indicate that he would rather support his own personal religious beliefs than protecting our constitution.

      andrew4321 - 2011-08-22 08:13

      You should try sites that don’t censor as much, a South African site called wecandobetter lets you submit your own articles and comment freely on current affairs.

      Together - 2011-08-22 12:15

      no pastor I know has ever advocated the dragging of women down roads - this is obviously a cultural weirdness - women of SA really need to stand up to this craziness.

      YBNS - 2011-08-22 14:41

      @Herman Scholtz "This is what the country’s likely new chief justice implied during an unreported ruling in the High Court in Mafikeng." And I suppose, we must believe this garbage!

      daaivark - 2011-08-23 09:29

      Mally, don't be so petty. The question is whose interpretations of what is claimed as God's law. As can be seen so clearly in so many comment-debates, there are myriad interpretations of supposed scriptures and what have you. But the chief justice is not supposed to enforce anything other than the laws of the country. Don't turn it into a religious debate.

      JMan - 2011-08-23 11:38

      @ Mallyg... who wrote down or formulated God's laws? And you should put "in my opinion" behind your statement about who made what...because more and more facts are disproving your views every day....in my opinion.

  • JudithNkwe - 2011-08-21 15:55

    Any one who justifies the abuse of women should not be on the Constitutional Court

      Mallyg - 2011-08-21 18:39

      Agreed

      GonnyVonYuri - 2011-08-21 20:11

      Where does it say hes justifying abuse of women? In particular?

      OZNOB - 2011-08-21 20:36

      he is a bleeding heart liberal who is going to give the completely wrong picture of accountability to the wrongdoers-that miserable monster who got off with a fine instead of a heavy sentence now thinks it is A_OK to drag women behind cars and not get them any medical help. maybe we should pray that he accepts a permanent missionary position in outer nigeria

      Tolerant - 2011-08-22 12:10

      Gonny: He said she was "asking for it" by implication when a woman was dragged behind a vehicle by boyfriend.

      GoFish - 2011-08-22 14:07

      @OZNOB - "he is a bleeding heart liberal" Huh? Liberal?

      YBNS - 2011-08-22 14:42

      @Herman Scholtz "This is what the country’s likely new chief justice implied during an unreported ruling in the High Court in Mafikeng." And I suppose, we must believe this garbage!

      daaivark - 2011-08-23 09:31

      Jeez Gonny, are you just being argumentative for the sake of it, as usual, or are you just plain stupid?

      Virginia - 2011-08-23 11:33

      He is a traditional man, forgetting that he has 13 different south african cutural groups living in this country, and then there are more the immgrants. We certainly cannot have a man judging us, who wnats us all toy toying and striking because its their beliefs, strike him out.

  • DeathDealer - 2011-08-21 15:59

    " The church was founded years ago in Nigeria by Bishop David Oyedepo, one of the richest and most powerful spiritual leaders in the world. " Well what do you know ? Must be another Nigerian scam in the making ..

      DeathDealer - 2011-08-21 16:04

      He was named in 2011 by Forbes magazine as being the richest pastor in Nigeria, worth around $150 million, and it has been hinted that he exploits his followers. Now that makes one wonder , how Mogoeng will exploit the Constitutional Court?

      cat29 - 2011-08-21 16:39

      Good one. Only in Nigeria wahahahahahah

      Jimmy - 2011-08-21 18:43

      Nigeria, Cuba, Libya ? Doesn't matter - we are all brothers - as long as there is a connection, and enough money - we are ONE !

      ZACommentator - 2011-08-21 19:48

      Of course he exploits his folowers, that is the entire point of religion.

      Ke maketse - 2011-08-22 11:43

      The Nigerian church connection also bothers me more than everything else that has been said about him. Nigerian druglords are usually connected to this churches.

      daaivark - 2011-08-23 09:33

      Ke Maketse, I think that's pushing it a bit.

      Virginia - 2011-08-23 11:44

      Yes Jimmy we are the children of Abraham, we have to start living in a good way, but this man is using his religion to do his job as a judge which is vry dangerous, he is not a man of God, only performing some of the verses out of the bible. Jesus was born and died for all on this earth, we are living in a free society and only he will judge us in the end for being who and what we are, not any man on this earth is worthy of that.

  • Carla - 2011-08-21 16:02

    And so the saga continues

  • Stevie - 2011-08-21 16:02

    In the words of Oliver Hardy. "This is another fine mess you,ve gotten us into"

      Isabel Jones - 2011-08-21 17:08

      Agreed. Banana anyone??

  • Robert - 2011-08-21 16:09

    how ridiculous can you get? it does'nt matter if she provoked her boyfriend or not. She was injured due to his actions,(in the heat of the moment)cannot come into it he KNEW what he was doing & should have paid his debt to society, not just get a slap on the wrist.

  • Vince York - 2011-08-21 16:15

    Cro-Magnon Justice with a flavouring of West Afro patriachal autocracy and plenty of tribal notions and nuances to transform even the most civilized into an Afro cosmopolitan serf instantly.

      Isabel Jones - 2011-08-21 17:09

      Too true. And once again, a woman's worth is seen as lower than that of a chicken.

  • frans van erk - 2011-08-21 16:17

    Beware for wind sellers without ethics. Evidence shows that Mogoeng is such type. Pls don't put him in a responsible position, he will make criminal decisions.

  • PMG - 2011-08-21 16:17

    OMG - the loonatics are running the assylum.

  • letsee - 2011-08-21 16:25

    Another convenient appointment.

  • Georgie Porgie - 2011-08-21 16:27

    pregnant for 5 years and seven months ???? What is this one giving birth to then. Must be the miscarriage of malemas quintuplets.It's not the right time to pop out now as the heat is now on.

  • edalsg - 2011-08-21 16:29

    Cadre deployment for JZ,s 2nd term -----as long as Malema goes(hopefully to jail) , he can appoint the Devil as far as I,m concerned

  • cat29 - 2011-08-21 16:34

    Please can someone explain to me yet again, how dragging a woman behind a car even if it is on a dirt road be justified and this man is SUPPOSED to be a member of a church(yeah right) and a pastor nogal?????//

      Chronoman - 2011-08-22 08:51

      And, did it matter that the woman was not seriously injured? The mere act of dragging someone behind a car shows the intent to do grievous bodily harm and should be severely punished!

  • cat29 - 2011-08-21 16:37

    stevie you agreed with wes that a woman deserves to be beaten. EXPLAIN PLEEEEEEASE. WHY??????????????????????

  • Bulkalf - 2011-08-21 16:45

    Eich, I'm a Judge ! So I'm klewwer !!! Ha ha haaaa !!!!!!!!

  • Victoria - 2011-08-21 17:02

    Oh dear, oh dear, oh dear

  • kpd108 - 2011-08-21 17:09

    Another cadre deployment... er... put it this way... another "Ja, Baas" to do JZ's bidding!!!

  • IanBerry001 - 2011-08-21 17:10

    Aaah, the pastor of disaster...

  • dotty_01 - 2011-08-21 17:14

    What a fiasco! i just need to carry on visiting the news24 site to know that our decision to leave at the end of the year is indeed the right one. i feel sorry for those who think that things will improve; and for those who have no choice but to stay. God help you all....

      PMG - 2011-08-21 17:17

      Thanks Dot,that makes the rest of us feel so much better.

      Antonio - 2011-08-22 20:24

      Dotty no SA will never be the same but I left for 8 years and you know what the biggest problem is not what we have its what we don't have , but surprise ....they don't have it either. Life is what you make of it not the excuses you give it..

      daaivark - 2011-08-23 09:35

      Thanks for leaving. Bye.

  • news.moler - 2011-08-21 17:14

    Transform the judiciary into what you chop!

      croix - 2011-08-21 17:59

      Probably into a justice system that will let off Zoomer when Malemmer drops a bombshell against our esteemed prezzie???

  • Neen - 2011-08-21 17:16

    It's saddening that politics seems to have such a hold on the judiciary system. The opinions of Zuma and the ANC (Or any other political affiliation for that matter) should be of no real determining force. Have a look at Zapiro's cartoon regarding Mogoeng versus Moseneke. So true.

      Jimmy - 2011-08-21 18:55

      Politics only has a hold on the judiciary system in a totally corrupt and bereft society - what can I say ?

  • PinkAndProud - 2011-08-21 17:17

    No wonder Zooomer 783 picked this guy - he sounds as primitive as what Zooomer 783 is.

  • HendrikAfrika - 2011-08-21 17:33

    If his church leader comes from Nigeria it could only be a church with corruption in its management. Being one of the richest church leaders also show the 'leader' as corrupt. My experience have shown that the pastors/leaders of these suoer churches are only out for money. They will save a few souls along the way but it is the money that is their mojor product. They see their churches as businesses. It comes from America where everything is done for money. This tells me our future Chief justice is painted with the same brush (and color) similar to the ANC politicians, corrupt and prepared to do anything for money.

  • Komasa - 2011-08-21 17:34

    Now we know the real reason why his appointment has been opposed, the fact that the 'church' is not happy with it. We have a constitution which allows for freedom of religion and I am sure Mogoeng is professional enough to seperate his religious beliefs from his judiciary work. Makes you think that christian magistrates and judges hand down sentences based on their religious beliefs. That is how it is done in the US, we have to appease the Bush Baptists.

      crackerr - 2011-08-21 18:11

      Religion is only one of the reasons. You did read the comments?

  • LONGMAN - 2011-08-21 17:35

    give the guy a chance 2 do his job.He might prove all u wrong,i am beginning 2 believe the media is biased bcoz not even one journalist is giving him a chance.Maybe the ANC is right all along.Who are u saving is the ???????

      crackerr - 2011-08-21 18:08

      Without the media we would have not facts on which to base our opinions. As for giving chances, that is exactly one of the problems in this country. Too many chances. You don't play around with SERIOUS positions like Chief Justice. People are entitled to information and to form their own opinions.

  • Chris - 2011-08-21 17:50

    Ah well, at least JZ is constant in his decision making when he appoints. Every one of late has been a controversial one in the mould of Jimmy Manyi.

      Jimmy - 2011-08-21 18:51

      JZ is the world's biggest RSole - we all know it, but how do we convince the rest of the world ? - none so blind as thoe who WILL not see ?

  • John - 2011-08-21 18:54

    "President Jacob Zuma said last that Mogoeng is very capable, qualified for the post" . . like he would know.

  • Caroline - 2011-08-21 20:04

    From the Winner's Church (CT) website: "What God did at creation clearly reflects the position of the woman in the home. He took a rib from the side of the man to make a woman. It will be demonic for any Christian to question the leadership of Jesus over the Church. Similarly, any woman or women’s organization that attempts to question the position of the man in the family, should be regarded as being under a demonic influence. God expects that just as the church is subject to Christ in everything, even so, wives should be in subjection to their husbands in everything." Well, I guess I'll just have to settle for being democratic, er, demonic. I would say if this sexist claptrap influences Mogoeng's decisions in any way whatsoever (and judging by this article, they do), then his (extreme) religious views make him unfit to serve as a Consitutional judge, as he cannot be trusted to uphold women's constitutional rights.

      Steher - 2011-08-21 21:22

      You're right Caroline, that's the connection to the judgement on the dragged woman! OMG, this guy with this stone age mindset is going to be one of the most powerful people in S.Africa in the coming decade... Fits in well with Zuma's mindset on women. Anyone notice the hypocrisy of that buffoon on Woman's Day mouthing the PC platitudes of how women must be given a better chance but running around with 1/2 a dozen women that don't have a thing to say?

  • So What? - 2011-08-21 20:13

    Did I not see another headline where a man at Mahikeng dragged his girlfriend as well and she died - see what happens when you think you will only get a R2000.00 fine instead of two years with 'Pappa wag vir jou"!

  • umlaut - 2011-08-21 21:28

    zuma can not allow to surround himself with honest and just people because he hasn't proven his own innocence yet himself, and this unconstitutional judge did make a mistake to imply according to the reports that it was ok to drag a woman behind a car, so now this judge can be assured of a long prosperous term with zuma as protector--he will be faithful to zuma and he will not be impartial where anc affairs come into affect. He is definitely the right man for the job. God save our constitution and the country.

  • gatvol4corru - 2011-08-21 23:14

    Jip - another incompetent-racist-corrupt crony of JZ on his way to financial freedom. Load those pockets comrades!

  • Gibbonater - 2011-08-22 08:12

    Another stoneage barbarian trying to live in the 21st century.

  • MarsHill - 2011-08-22 09:02

    Criticise the man for his dearth of experience, and I think we can all agree that he is politically expedient as opposed to being qualified for the Chief Justice position. However, why are many so degrading of his religious beliefs? The irony is that the Constitution protects these very beliefs that every "liberal" (whatever that term means!) with a pen or mike is criticising him for. There is nothing in the SA Constitution that says that a person cannot oppose abortion or homosexuality, and that only gay, "liberal", HIV positive persons may become judges. The Constitution protects Mogoeng's right to have views that are different from yours, and those "liberals" that are attacking him for his supposedly intolerant "conservativism" (whatever that term means!) are showing themselves up for their own intolerance of someone different from them.

  • MarsHill - 2011-08-22 09:02

    Criticise the man for his dearth of experience, and I think we can all agree that he is politically expedient as opposed to being qualified for the Chief Justice position. However, why are many so degrading of his religious beliefs? The irony is that the Constitution protects these very beliefs that every "liberal" (whatever that term means!) with a pen or mike is criticising him for. There is nothing in the SA Constitution that says that a person cannot oppose abortion or homosexuality, and that only gay, "liberal", HIV positive persons may become judges. The Constitution protects Mogoeng's right to have views that are different from yours, and those "liberals" that are attacking him for his supposedly intolerant "conservativism" (whatever that term means!) are showing themselves up for their own intolerance of someone different from them.

  • Jacques - 2011-08-22 09:04

    President Jacob Zuma’s office said last that Mogoeng is very capable, qualified for the post and committed to the transformation of the judiciary. Transformation into what exactly?

      Cire - 2011-08-22 15:34

      @Jacques. It's obvious, really - tranformation into a loyal branch of the ANC. They have screwed up everything else they have touched, why not the judiciary as well?

  • CheekyR - 2011-08-22 13:19

    "women should stand up and fight for their rights" is a common statement made. Easier said than done when nut-jobs like this have authority. People commenting on this should be careful. He might track you down and have all of us tied to the back of a truck and drag us down a high-way.

  • Tourmaline - 2011-08-22 13:56

    Oi vey... nou gaan ons eers afk*k en kriminele gaan nou lekker skotvry daarvan afkom. Wonder wat gaan die regter se van n meisie wat ge-gangrape word... sy't daarvoor gesoek??? Vark...

  • KoolKnifeKid - 2011-08-22 14:24

    Maybe we should drag him behind a car for 50m but with some things lying in the road just to make it a bit more fun for Mister Chief Justice.

  • YBNS - 2011-08-22 14:39

    @Herman Scholtz "This is what the country’s likely new chief justice implied during an unreported ruling in the High Court in Mafikeng." And I suppose, we must believe this garbage!

      umhlopo - 2011-08-22 22:18

      yebo yes

  • Cire - 2011-08-22 15:31

    Just the most recent in a long series of wildly bizarre appointments by the ANC - nothing new here! Does anyone actually expect better of the ANC these days?

  • Tresia - 2011-08-22 16:32

    Jesus wept!

  • sipholess - 2011-08-22 17:20

    Oh my...........how far gone is sad South Africa !!!!!!!

  • george60 - 2011-08-22 17:42

    Can anybody tells me how can Zuma decide on such matters as he has no education? Or is it case if I am in trouble you owe me? Another joke by the president?

  • Themba Thwala - 2011-08-22 19:05

    Mogoeng is another Mogoe in Zuma's arsenal to stave any possibility of being ever hauled before the courts, the ConCourt being the court of final instance

  • Antonio - 2011-08-22 20:18

    Funny Funny, clowns and all else, Being white afrikaner etc I thought Zuma as president, rapist , aids cleaner etc---- what a president, what now???Actually Zuma has surprised me ....not for the white boer but then again the white boer must wake up its 2011... not 1896.. Give the big guy a chance he has not done so badly maybe some support from the white guys is all he needs??? He might know why he chose the chief justice give him the benefit. Try and do it without the racism issue. kom nou ou boertjies.

  • umhlopo - 2011-08-22 22:06

    hier kom kak

  • smtsha - 2011-08-22 23:35

    Wat z really happening in this country, Mr Zuma are u @ ur bst mind 2 appoint such individual.

  • Lejoe Joang - 2011-08-23 08:33

    Hey people commentators wake up & smell coffie this is pure politics at its best. If u don't c it watch this space

  • Wendy - 2011-08-23 08:37

    Hmmm, "transformation of the judiciary". Transforming it into a circus if you ask me.