AfriForum takes up Mogoeng case

2011-08-21 22:00

Johannesburg - Legal opinion was being sought on the constitutionality of President Jacob Zuma's nomination of Judge Mogoeng Mogoeng as new chief justice, AfriForum said on Sunday.

The civil rights organisation objected to Zuma announcing his nomination for the post before he had consulted the Judicial Service Commission (JSC) on the matter, spokesperson Ernst Roets said.

According to the Constitution, the president must appoint a chief justice after consulting the JSC and leaders of political parties represented in the National Assembly.

"If the President announced his nomination before starting a process of consultation, it is reasonable to assume that he has already made his decision and that the consultation is approached as a mere formality," Roets said.

The position was left vacant by Judge Sandile Ngcobo's retirement earlier this month.

More nominations

On Sunday, the Freedom Front Plus called on Zuma to submit more nominations for the post.

Party leader Pieter Mulder said it was a constitutional requirement for the leaders of opposition parties to be consulted when such an opinion was made.

"Are political leaders really being consulted with the possibility of the President changing his choice in the light of our comments or are we merely being informed in order to pass it off in terms of the Constitution?" Mulder asked.

He said it was not fair towards Mogoeng to criticise him without an alternative choice being clear.

There should be a healthy tension between the legislative, executive and judicial authorities, he said.

Some opposition parties have strongly opposed Mogoeng's nomination on the grounds that he lacks the necessary experience, especially on constitutional issues.

Public interview

Democratic Alliance spokesperson Dene Smuts said the party would only comment on Mogoeng's nomination when DA leader Helen Zille gave Zuma her reply on Mogoeng's suitability as chief justice and after the JSC has had an opportunity to interview the nominee.

The DA also called for a public interview with Mogoeng after Zuma announced him as his nominee for Chief Justice.

The ANC and its allies, on the other hand, have thrown their weight firmly behind Zuma's choice.

On Saturday, the Judicial Service Commission (JSC) said it will not call for further nominations for the position of chief justice.

"The JSC will convene a meeting to which it will invite the nominee of the president to submit to an interview for the purpose of determining the suitability of that candidate to be appointed as chief justice," JSC spokesperson CP Fourie said.

Saturday, September 3 has been proposed as the date for the public interview.

Various law bodies, including the General Council of the Bar of SA, the Law Society of SA, the Magistrates Association of SA, and the department of justice and constitutional development, will be asked to make written submissions on Mogoeng's suitability for the post.

  • The Wonderer - 2011-08-21 20:44

    I think it's a slap in the face of Judge Sandile Ngcobo being replaced by someone like Mogoeng...

      zaatheist - 2011-08-22 07:22

      Agreed. And anyone who openly peddles their belief in the magic man in the sky should be automatically disqualified as unfit to apply for the reason that they are obviously incapable of reason and logical thinking.

      LBS - 2011-08-22 17:01

      zaatheist, your name says it all! Fortunately we don't all feel that way.

  • Goddok - 2011-08-21 20:46

    Het Afriforum niks beter om te doen nie ?

      umlaut - 2011-08-21 21:46

      They are a civil rights organisation and if they could choose they would most definitely do more constructive things if it wasn't for the destructive things this anc was doing that needs more and more policing because of incompetence. The anc is constantly at war with the right decisions to make and they ALWAYS make the wrong decision. They are wasting the country's time and energy----and money at the same time.

      Nikki - 2011-08-21 21:47 om seker te maak die staat/president volg die reels en regulasies van die konstitusie? Seker nie ou maat....wat sou jy wil he moet hulle eerder doen?

      Des - 2011-08-21 22:00

      Ja Goddok........en jy doen wat????

      sylversaint - 2011-08-22 08:11

      Next time they will be asking the constitutionality of Zuma's accent...bunch of grave diggers these Afriforum guys.

      Goddok - 2011-08-22 10:17

      Des, niks, want sover dit my aangaan is daar niks te doen nie. dit lyk vir my dat daar 'n klomp mense is wat altyd in 'n potjie wil piepie net omdat daar'n pojie is. Ek is gatvol vir die sogenaamde selfaangestelde demokratiese leiers van ons Afrikaners, waaronder ek Afriforum bytel. Dit is hierdie mense wat verantwoordelik was vir indoktrinasie van die Afrikaners gedurende die 1980's wat ons jeug vernietig het. Eh was al in uniform toe was hierdie natneuse nog in liquidform om vir die "land te baklei". As ons enigiets teen hulle gese het was ons Kommuniste of K@F"#rb&&ties en as demonies beskou. Met hierdie geval sien ek die selfde patroon. Ek het na die man se CV gekyk en kan nie veel verkeerd vind nie. Sy enigste oortreding is dat hy miskien te jonk is en nie sal fossileer nie. Afriforum sal meer impak he deur vir die opheffing van ons mense te werk as om altyd die negatiewe te sien.,n Negatiewe mens veroorsaak net negatwiteit

      Other Justin - 2011-08-22 11:19

      @sylversaint - really? And what may I ask are you doing to make sure the cANCer adhere to the constitution of South Africa? What is your contribution to the cANCer basically doing what they want and trampling the constitution as they go? It is people like Right to Know, Afriforum and others that keep YOU free, not the cANCer. We are free in this country presently in spite of the cANCer, not because of them. The ANC of the past is not the cANCer of today.

  • farmworker - 2011-08-21 21:05

    I think this AfriForum need to find a hobby or something, they are very bored with nothing to do. They seems to be anti-everything, do they want to govern, then let them win the majority first

      msendi - 2011-08-21 21:24

      I think what they are doing is their hobby… Soon they will open a case against Mandela's doctors for taking care of him…

      Nikki - 2011-08-21 21:42

      ...Afriforum has a hobby: It's called following the RULES! ...something it seems this ANC buffoon leadership can't do at all! ...dimwits

      FIO - 2011-08-21 21:46

      They are the only people with enough guts to stand up to injustice in this country. The rest are sheep who follow whatever the ANC say, right or wrong. When are the masses ever going to stand up for what is right instead of following for the one who drives the flashiest car? The beginnigs of a 2nd Zimbabwe, the masses too scared (or too stupid) to speak out against wrong.

      theo_dore - 2011-08-21 22:47

      I don't particularly like Afriforum, but they have a point here. Farmworker you need to start debating each case by its merits, rather than blindly following everything the ANC says. It seems quite clear in this case that Mogoeng is being chosen because he is a political yes-man rather than because he is objectively the most suitable candidate for the job. This shows a worrying level of immaturity in our president. He is putting his personal feelings above the well-being of the country, and this should trouble you regardless of whether you agree with him on other issues.

      Prof - 2011-08-22 08:25

      @Nikki, do not forget that they are also the minority who have no right of changing the constitution. u can think what u think is good and that won't change anything.

      farmworker - 2011-08-22 10:16

      @theo_dore you are brainwashed, you can't justify whatever you say. Firstly why don't you particularly like AfriForum?. Why do you think Mogoeng is a yes man. Don't just take in every this screwed24 feed you, you have an independent mind of your own, use it

      Other Justin - 2011-08-22 11:25

      @Prof and @farmworker - They are not a political party, they do not want to govern, they are a civil rights organisation, look it up. They don't want to change the constitution, they want it protected and adhered to. Geez, some people, they should be happy that there is an organisation that is constantly pushing people to adhere to the countries laws, instead they disdain them. I suppose if you are a cANCer supporter, it would look like Afriforum are always gunning them, but what they fail to see is that it is exactly the cANCer that is trying its utmost to stifle the freedom they themselves fought for. It is the cANCer, that is stealing from its own supporters to fund its lavish lifestyle and line its already fat pockets.

      theo_dore - 2011-08-22 14:51

      @farmworker: I find it strange that you of all people would question why I dislike Afriforum. But generally they represent a traditionalist view of what Afrikaners are supposed to be like which irritates me, and their conduct during the Malema hate speech trial exposed some of them as bigots. As for Mongoeng, you are correct that I did not substantiate my views. But they are not entirely based on News24, have a read through and and Basically, his past judgements call into question his objectivity, and he has far less experience than other candidates, such as Judge Moseneke. But Moseneke once said that "what is good for our people" is more important than what the ANC wants, and Zuma can't live with this.

  • Themba - 2011-08-21 21:17

    I think afriforum is more of an opposition party than that of being 'minority rights' group. It always oppose everything that Anc touches. Its sickening sometimes. The official opposition party is still yet to make a statement, yet afriforum has went to an extent of seeking legal advise on the decision by the President. Why don they just register a political organisation once. And who is funding this NGO anyways? I think its time it get into Public Protector's books, coz they seen to have deeper coffers to expend on legal challenges of extensive nature. A word of advise to afriforum: form a political organisation and be man about it, and stop fighting in the shadows. Whatever you think you represent just stand in the clear and be a valid political organisation. Probably you'll represent better the minority other than ff+

      umlaut - 2011-08-21 21:49

      They will even protect your civil rights themba when a malema denies you that.

      msendi - 2011-08-21 22:06

      @umlaut… Wake up, how can a wolf protect a sheep. You know that this Afriforum is a bunch of confused, jealous racists who will never contribute anything constructive in this country… There is no difference between them and Malema… they are just bunch of racists in different skin colours…

      Goddok - 2011-08-22 04:32

      Ek stem saam met jou Themba. Hulle is te bangbroekig om uit die kas te kom en lyk vir my meer na 'n familiebesigheid, "clique" of 'n front vir iemand anders se agenda. Hulle enigste "claim to fame" is die feit dat hulle Malema 'n platform gegee het om sy snert kwyt te raak, toe hy 'n "nobody" was en op die pad uit was. Nou sit SA en die ANC met 'n helse probleem wat hulle moet uitsorteer. Strategies briljant! Pampoene!

      John - 2011-08-22 19:03

      Themba, that's because you apparently don't understand politics. ANC politicians look for voter support during the election, and the rest of the time they are sucking up taxpayers money and couldn't care less about the needs of the people.

  • crackerr - 2011-08-21 21:26

    Provided our Constitution is defended and mistakes in the application of the Constitution pointed out and rectified, all patriotic and freedom loving people should lend their support. Afriforum deserves our support in this. We all benefit eventually. Where are the guts and determination of the others who find nothing more worthy to do but criticize Afriforum? Doesn't the possible improper application of the Constitution bother you others?

      vegetarian - 2011-08-21 21:39

      You are never objective. You always support the righwing cause despite your pretence to objectivity. Please quote one section of the constitution that has been violated in the nomination process. This man has not been appointed, he has only been nominated. Consultations are ongoing. Why are you not condemning the disruptive Raciforum?

      crackerr - 2011-08-21 21:48

      @ Vegetarian I scratch you where you don't like it? Not so? Accept your place in the hierarchy of things and experience a more tranquil existence.

      crackerr - 2011-08-21 21:59

      @ vegetarian I am in no mood to respond further to your infantile remarks. Except still for this. I have never stated that I think I am objective. Your interesting forgetfulness of what you really think of me is wonderfully illustrated by your assertion in your comment '...despite your pretence to objectivity." How does one pretend to objectivity in the opinion of another unless you create that impression and it concerns that other a lot. Anyway, thanks for the huge compliment. You really think a lot of me. I wish I could say the same of you.

      Nikki - 2011-08-21 22:16

      @ Vegetarian: Just as Deputy CJ Moseneke and CJ Ngcobo before: They were both nominated by the president BEFORE proper consultations took place and what happened? Both got appointed/pushed please don't try and BS us with "ongoing consultation" PS. Why have Jutices Johan Froneman and Edwin Cameron (who are both more senior and experienced than Mogoeng) not been nominated? I wonder...

  • Themba - 2011-08-21 22:37

    Whites were and are still teching each generation best techniques to distance themselves from the black sub-human species. They don want to contribute to the common goal of a rainbow nation. They even make this mockery that there's no brown or black color in a rainbow. So i don think blacks should worry about how whites feel about the manner in which this country is run. In actual fact whites feel so much human if they are given that space by a black man, that say 'give me my respect you sub-human thing'. Now here in our country that obedience is no more, and will never be. Instead we gonna make the rules as Anc and bend then if we like and break then the way we want its our time and our country and our lives. So what. We need now to win the outright majority and change the constitution such that the land that was stolen through armed robbery, at gun point, be taken back without compensation, and those whom think of migrating to do so and never be allowed to come back. We have enough human capital to sustain ourselves. No one is born a perfect driver, we all struggle at first. So its better for afriforum to stop wasting their cash earned from looting our mineral resources and go prepare their folks the other place to stay in other countries coz this country shall never see a white arrogant government again.

      valleyman - 2011-08-21 22:54

      Not the brightest now are you Themba. Leaving aside your curious notions of how white folk think, you really are in dire need of a history lesson, or two. While you're at it, get someone to explain to you why we have a constitution and why it's so important.

      Doublepost - 2011-08-21 22:55

      Lol! Thanks for the good laugh!

      SeanJ - 2011-08-21 23:01


      crackerr - 2011-08-21 23:03

      The usual rabble rousing. This country belongs to ALL in it and they have equal rights. And those rights include the right to private property which includes the land. By the way, when do you think we will have an honest land audit? Because the truth is probably that more than half the land already is in possession of the state/blacks. You personally do not represent common sense. Destroy the commercial farming sector in this country and we ALL die. You will not avail yourself to help feed the skeletal children. Anyway, the land will not in terms of the ANCYL be given to ordinary South Africans. That poor soul in his shack is not getting an inch of land. Be honest about it. Whites do not regard blacks as sub-human. It is a lie being propagated. Let's rather not start out on that topic because it may just cause you embarrassment how the argument can be turned around. Not that turning an argument around makes the original or the turned around argument valid. But don't open yourself to ridicule with ridiculous arguments. Dream on. The majority of South Africans will not undergo unnecessary self-imposed suffering for the sake of suffering. The few who wish to might as well leave for Zimbabwe and go experience their suffering there - a country sliding further into the morass of suffering that are chasing their citizens to this country where you want to cause the same. We do not have a neighbor to bail us out like they have or a convenient footpath south. Only the ocean.

      Widow - 2011-08-22 08:53

      Themba what are your weekend rates for comedy hour... you are hysterical!!!

  • PinkAndProud - 2011-08-21 22:49

    Thank God for the DA and Afriforum to keep an eye out for the decent citizens of this country.

  • Prof - 2011-08-22 07:15

    Afri-forum should be registered as a party. They are always criticising everything. They must understand that the MINORITY will NEVER rule the MAJORITY. NEVER!!!!

      Nikki - 2011-08-22 07:31

      ...remember that statement Prof when the opposition becomes the majority and the ANC becomes the minority. One day...mark my words! People (black, white, coloured, indian, chinese, russian - hell the entire SA) are becoming FED UP with the idiots from the ANC that supposedly "run" the be VERY CAREFUL of the definition you have in your head of what the minority/majority looks like.

      Prof - 2011-08-22 07:39

      @Nikki, Afriforum is always acting as a refree that knows all the rules of politics and that makes me sick.Like it or not, if the majority of the population are stupid, let them run the country and if you are not happy with the way they run it, then go somewhere else where u will be happy.

      Widow - 2011-08-22 08:55

      and your opinion has been noted... you can leave now.

      John - 2011-08-22 19:11

      Prof, you need counselling . . and an education.

  • Mmoledi - 2011-08-29 11:26

    If president choice is questioned by DA and Afriforum, who do they want there to be a chief justice? a white person of their choice? a black person of their choice? an Indian person of their choice? or what? If you look at some much of cases where white magistrates were adjudicating, this shows our legal system is week and works on favour and colour, A black guy was sentence for 10 to 14 years for minor stealing and also refused bail by a white magistrate for why such heavy senetnce for minor offence no body knows, then a white guy who killied a black person and say at court he mistaken the person to be a dog was out on bail and his sentence was not harsh, so what? Then must president put a person who will protect your interest rather than the entire nations interest? we know DA and Afriforum, you are not fighting for a good reason in every fight you are making there must be a motive behind.

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