News24

Mogoeng not the right candidate - DA

2011-09-05 14:43

Cape Town - The DA believes that Judge Mogoeng Mogoeng is not suitable to fill the country's highest judicial post as chief justice and will be making its reasons known to President Jacob Zuma.

On Monday, DA leader Helen Zille said she had written to Zuma on behalf of her party and would be meeting with him on Tuesday to outline the objections to Mogoeng.

This follows the weekend's hearings by the Judicial Services Commission during which Mogoeng was interviewed and the commission endorsed his candidature.

Zille said that her party did not believe that Mogoeng possessed the outstanding legal skills as opposed to "usual" or "adequate" required of a chief justice.

Support, skills

Zille said the DA believed that Mogeong's history as a judge showed that he failed to display the unwavering adherence and commitment to the Constitution required of a chief justice.

She said she did not believe that Mogoeng had shown himself, in his past judgments, to be suitably defensive of the independence of the judiciary.

Another objection was that the DA did not believe that Mogoeng enjoyed the support, both intellectually and collegially, of his colleagues on the Constitutional Court, and the wider legal fraternity.

"Lastly, we do not believe he possesses the requisite administrative, accounting and personnel management skills," Zille said.

In its statement, the DA said the JSC had chosen not to consider, nor comment on, the relative suitability of Mogoeng with regard to either what was to be expected of a person who sought to fill the position of chief justice, or indeed other possible nominees qualifying for nomination.

Comments
  • Daemos1 - 2011-09-05 15:04

    His CV is very thin for thisye of position, I agree with the DA on this one, I hope he surprises us all, for the sake of our country

      sganja - 2011-09-05 15:08

      Cv is thin? really? did you watch the interview?that guy can reason

      Voyager - 2011-09-05 15:14

      So can all judges - it's their job!

      daaivark - 2011-09-05 15:20

      He can reason? And this was shown in the interviews? You need learning aids.

      Ex-employer - 2011-09-05 15:25

      DAEMOS1:-It's as thin as the book on African inventions.

      RobinHood - 2011-09-05 16:14

      sganja - go smoke some more

  • Exoteric - 2011-09-05 15:07

    when Judges start saying ' God gave me a sign' to justify their selection then you better believe that justice is in trouble.If youre a wife beater or rapist he's your judge..wait a minute he's Zuma's choice after all..the light comes on ..

      Ex-employer - 2011-09-05 15:31

      To Mogoeng, Zuma is GOD, and to Zuma, Mogoeng is the rubber stamp to keep him in power for longer. The Arms deal,Coruption and other "wrong doings" will never surface from the depths of the ANC pit of plenty.

      JustinCT101 - 2011-09-05 15:42

      All Christians should be operating from the premises that their conduct is what God has willed them to do, if not, then they are acting only on their initiative, and that is not God empowered. I don't want him for chief justice, but I can not fault his answer. He should only consider taking the post if that is what God wants for Him. Same thing happened to me when I considered taking my present Job. Reason it out and pray for guidance to see if it is in God's will.

      zaatheist - 2011-09-05 15:46

      The guy is bats??t crazy. He hears voices in his head and claims a god is speaking to him. Totally religiously brain addled and unfit for any position of responsibility.

  • david - 2011-09-05 15:10

    Again, replacing brilliant with below average, ANC stamped all over this one.

      G-spotWizard - 2011-09-06 15:15

      Give him time, he will become brilliant just like anyother judge. Don't dispise him because he is black.

  • phinda.buthelezi - 2011-09-05 15:11

    anyone that believes that God wants him to do something spells doom. There is peace in SA bcoz we respect different cultures, religions, races, communities, etc. Soon he'll start saying that God don't want this and that and intolerance will start to prie its ugly head and all of a sudden we'll be dealing with a civil war. Stop this man Stop him please for the stability of SA. Stop this man.

      JustinCT101 - 2011-09-05 15:48

      You have to do your job in lines with the law, besides which , if you are saying that we comprise of different religions, you are saying it is ok to believe in God and if it ok to believe in Him, then it is ok to seek His will and having found His will, to do it. Hence it is ok to believe that God wants you to act in a certain way. That is totally the wrong approach to attack his candicy, unless you want to outlaw religion.

      Point Blank - 2011-09-05 15:49

      @Justin, I assume you a Christian?

  • Deset Rat - 2011-09-05 15:17

    Has Dikgang Moseneke the acting top judge handed in his notice yet?

  • MAWEMAWE - 2011-09-05 15:28

    democratic against wil just have to live with it,who is suitable for the post?oh i forgot anyone by the surname that starts with VAN DER.

      Point Blank - 2011-09-05 15:46

      You funny, but don't give up your day job.... if you have one.

      Koos Poggenpoel - 2011-09-05 15:48

      Don't be a racist twat Mawemawe. The people are just concerned looking at Zuma's yes-man's track record. Scary read and the fact that he brought God into the interview is even more scary

      G-spotWizard - 2011-09-06 15:18

      Koos, there is nothing surprising in your comment, you have expressed the same view as MAWEMAWE but in your own words. If you don't believe in God the creator, don't be scared of people who do. Just live with it.

  • nowinlondon - 2011-09-05 15:30

    And in any case, when there is only ONE candidate and he is the nomination of te president of the country one has to question the independence of the judiciary.

  • Sibongile - 2011-09-05 15:33

    Who cares what you think Zille nxa.

      Point Blank - 2011-09-05 15:46

      At least she thinks..

      zaatheist - 2011-09-05 15:48

      @Sibongile Well you obviously do otherwise you would not bother to comment!

      Ellie - 2011-09-05 16:04

      I do !

  • Old EagleEye - 2011-09-05 15:34

    Well.....the gangsters and drug addicts in the Cape seem to be doing a better job of it than the knuckleheads in the remaining 8 provinces!!!!

  • Wethu - 2011-09-05 15:35

    whats new, DA always opposes that's their job. . . I bet even if the ANC adopted one of their policies they will oppose it. . . .

      Point Blank - 2011-09-05 15:47

      Actually the ANC have adopted several of the DA's policies..

      JustinCT101 - 2011-09-05 15:49

      actually, if you just look in these articles, there were several places where the DA agreed with the ANC...

  • Currie_Mafia - 2011-09-05 15:36

    This judge, Moegoe..er Mogoe,..is definitely not the right man for position of Chief justice...He has a poor gender equality & gay rights record.

  • ColinJo - 2011-09-05 15:46

    Moegoe can't think for himself. He has to pray and get a message from God

  • Mnumzane - 2011-09-05 15:53

    The very same Zille who was prepared to give way to Trevor Manuel to lead the DA. Nobody is perfect Ms Zille. Mogoeng is fit to hold such a position.

      Point Blank - 2011-09-05 15:59

      No he isn't... he is simply not experienced enough, bottom line.

  • Ellie - 2011-09-05 15:59

    Watching the gentleman and him answering questions did not give me any confidance in him. He is too short tempered and not obejective. He takes issues to personally and comes accross as arrogant. I would review other candidates but he is not the best choice for sure.

  • call a spade - 2011-09-05 16:04

    Helen will be wasting her time talking to Zuma lust like the JSC wasted time interviewing Moegoe. It is clear most of the JSE Commissioners are ANC supporters who just rubber stamped Zumas nomination. ANC want to make the law without taking any resistance fron the Concourt. Mantashe said so much.Parliament connot be overridden by the concourt, constitution or not. I mean end of day this is AFRICA and moegoe will just be a rubber stamp. Main thing for moegoe will be to implement the secrecy bill so the stealing can go on unnoticed and unhindered. Ever wondered why african leaders always wear leopard skins. The leopard hunts in darkness when nobody can see. SKELM

      DarkB4Dawn - 2011-09-05 16:22

      @call a spade: Your comment on African leaders is a racist generalisation

      the1ne - 2011-09-05 18:00

      People like writing crap really. When Zuma was about to appoint Judge Ngcobo, everybody said the same thing they are saying now, that Zuma is appointing a YES man, a man who is closer to the ANC. But in the end they hailed Ngcobo for the work he did. Zuma wanted to extend his term, there was an out-cry. Before nominated Mogoeng, it is said that he was turned down by at least 4 judges. So what exactly was JZ supposed to do? I am convinced more that ever that JZ ever does will satisfy people. (I am not JZ's supporter).

  • DarkB4Dawn - 2011-09-05 16:10

    @ sganja: Without educated free-thinkers like Zille who question the motives and actions of government, you would be under the iron-first of Autocracy that has proven throughout human history, to be detrimental to society. My guess is that your opinions are based on racism and NOT patriotism. I would suggest you start reading Wikipedia instead of the comments of News 24 – come back when you are a little more informed.

  • chipz - 2011-09-05 16:18

    The critcisms of Mogoeng's candidature seem to speak to whether he is a suitable judge in the first place. If the president chooses not to appoint him on the basis of the criticisms levelled thus far, he will not only have to reconsider his nominee, he'll have to relieve him of his duties. Of course this scenario will never materialise. To be considered more seriously, the arguments should rather deal with what separates an ordinary Concourt judge from the Chief Justice. Questionning the man's abilities as a judge will only be dismissed as being biased or an attempt to further a hidden agenda. The starting point should rather be "we accept that he is a more than capable judge, hence his current position. However, we need evidence of the following superior qualities that separate him from the rest..."

  • Mathanga - 2011-09-05 16:18

    When it comes to issues that I am not an expert in, I normally take the opinions of experts in that field. As I am not an expert in the field of law and constitution, it is wise for me to adhere to the recommendation of the jusges that interviewed Judge Mogoeng. So as they say they recommend him, surely he have the necessary skills and qualifications to do the job!! Surely they wouldn't like to put in someone who is gonna put them into disrepute. Who said you must have "outstanding charactaristics / qualifications" to qualify to do the job?? I really admire and support Mrs Zille on most matters but on this one....., I think DA, are just playing being the opposition!!

      DarkB4Dawn - 2011-09-05 16:34

      @Mathanga: I completely agree with you. Us, less informed people should leave the decision to the experts. However, the problem lies with the “they” you refer to. The whole point of a Tricameral government (The system of government in South Africa) is to ensure that there are checks and balances. The judiciary and the presidency MUST remain independent and un-influenced by each other, thus the judiciary keeps the President honest, the president keeps the judiciary honest etc. The fist problem is the fact that the president himself nominated Mogoeng. Ummm, hello – warning bells!

  • chipz - 2011-09-05 16:19

    The critcisms of Mogoeng's candidature seem to speak to whether he is a suitable judge in the first place. If the president chooses not to appoint him on the basis of the criticisms levelled thus far, he will not only have to reconsider his nominee, he'll have to relieve him of his duties. Of course this scenario will never materialise. To be considered more seriously, the arguments should rather deal with what separates an ordinary Concourt judge from the Chief Justice. Questionning the man's abilities as a judge will only be dismissed as being biased or an attempt to further a hidden agenda. The starting point should rather be "we accept that he is a more than capable judge, hence his current position. However, we need evidence of the following superior qualities that separate him from the rest..."

  • Old EagleEye - 2011-09-05 16:33

    It looked as though the man was really taking strain at the 'grilling'. If he can't take the heat, he should get out of the kitchen. His 'body-language' and attitude give him away. Remember, he has the authority to send a person to jail for life!!!

  • chikunga - 2011-09-05 17:21

    DA and all antiMogoeng crew are sick manipulators who wish to further interrets of the partheid regime.To hell with them

  • Bozzy - 2011-09-05 17:23

    zille if you judge a person about his/her past,do you think we can vote for you because we will judge you about what the white people did to us(black people) in the past so please leave the past because most of us we did mistakes BOZZA

      DarkB4Dawn - 2011-09-05 17:40

      Yes Bozzy, that sounds fair. Lets judge Zilla on the wrongs of all whites in History, and lets just judge Mogoeng on his own history.

  • settled - 2011-09-05 19:00

    GET OVER THE RACE ISSUE ALREADY!!!!!!..ALL OF US JUST WANTS DECENT SERVICE DELIVERY, FAIR AND HONEST LEADERS RULING OUR COUNTRY.. MY WORD..NOT ALL BLACK PEOPLE ARE AS RACIST AS SOME OF THESE COMMENTS!! GET EDUCATED ABOUT HELEN ZILLE BEFORE YOU THINK THROUGH YOUR NOSTRILS!!

  • Jekl&Hyde - 2011-09-05 20:16

    @sganja boy,name says it all, you smoke toooo much, stop! now. The stuff you're smoking makes you think stupid and that is tiresome as you and poly-oinky will never get it. You should wish that Zille was president, you might even land a job. I understand that you guy's are angry and all puffed up, yellow T-shirt card carriers, but your comrades in Gov are not doing very well. They just steal and behave like taxi drivers, it's just that they wear suits. Come to the light.

  • Rajty - 2011-09-08 16:01

    Amazing how little the usual peanut gallery knows....all the experts on this panel have summed it up. The Juducual services Commission doesn't know anything because Daemos1 and Ex-Employer know what transpired at the interviews. You really think the DA would commend the ANC for anything.

  • revgreen84 - 2011-09-08 16:27

    Whilst I respect the views of JustinCT101 Im not sure why God needs to be defended for a judge who claims to have been called by God to this position. Yes, there is a God and yes He is fair and just and no human judge can fully represent him (no matter how honest). However, Mogoeng has made a premature statement I beleive in claiming to be called by God to this position. Why not serve your term succesfully, fairly, and justly and then when the people applaud you give God the praise if you feel so. But don't set yourself up for intense criticism and "tongue-lashing" by so called intellectuals and self-proclaimed 'tolerant' and 'open-minded' people who in fact just judge others for believing in a God or having a religion and in so doing they show they are the least tolerant and most closed-minded of all peoples.

  • Cheryl Muir - 2011-09-08 22:42

    F..K the ANC . They are obviously rotten to the core....

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