Groups lodge objection to Mogoeng

2011-08-26 13:09

Johannesburg - A number of civil rights groups plan to object to President Jacob Zuma's nomination of Mogoeng Mogoeng as chief justice based on previous judgments relating to violence against women, the Mail&Guardian reported on Friday.

The public interest organisation, Section 27, planned to lodge an objection on Friday on behalf of the Treatment Action Campaign, the Lesbian and Gay Equality Project and the Sonke Gender Justice Network.

The Tshwaranang Legal Advocacy Centre and the Women's Legal Centre also planned to object. Their concerns were based on two judgments handed down by Mogoeng.

One involved a woman who was throttled by her husband and another involved a pregnant woman who was raped by her husband.

‘No real injuries from throttling’

In an appeal heard in the Bophuthatswana High Court (renamed the North West High Court in Mahikeng) in 2007, Mogoeng suspended a convicted rapist's two-year jail sentence on the grounds that he had been "aroused" by his wife and had used minimum force.

The man had returned to his house one night after moving into his parents' home and had "throttled" his wife and pinned her to the bed to have sexual intercourse with her.

Mogoeng, who was promoted to judge at the Constitutional Court in 2009, found that although guilty, no real injuries had resulted from the throttling.

"The desire to make love to his wife must have overwhelmed him, hence his somewhat violent behaviour," he said, in explanation for suspending the rapist's sentence for two years.

In the Bophuthatswana High Court in 2004, a man was initially sentenced to 10 years' imprisonment for raping his eight-months pregnant wife in front of another person.

Mogoeng upheld the conviction, but reduced the sentence to five years’ imprisonment on the grounds that the nature of their relationship rendered their intercourse incapable of being legally categorised as rape.

The publication reported legal experts as saying that at that time, marital rape was deemed illegal under the Family Violence Act of 1993.

Mogoeng said the couple had been "lovers for seven years" and that "the assault was not serious".

Assault victim ‘provoked’ attacker

Last week, City Press reported on a 2001 judgment relating to a man who tied a woman to the back of his car and dragged her along a gravel road for 50m and only took her to hospital the next day. He was sentenced to two years for assault.

Mogoeng found that the complainant had "provoked" the accused and that she had not suffered serious injuries. Ruling that the sentence was "too severe", he offered the option of a R4 000 fine.

Section 27 said: "It is our firm view that Justice Mogoeng is not suitable for the position of chief justice of South Africa."

"In the cases of gender-based violence, his attitude is quite clear."

The submissions would be made to the Judicial Service Commission which Zuma has to consult, along with political parties, before appointing Mogoeng.

  • PinkAndProud - 2011-08-26 13:12

    Great stuff they're lodging objections. SA cannot afford to have someone with a primitive perspective to be involved in the judiciary.

      1gascan - 2011-08-26 13:17

      Agreed 100%

      MandlaSithole - 2011-08-26 13:32

      Now I understand why Zuma chose him out of experienced judges.!/

      BigD - 2011-08-26 14:06

      He is Zuma's puppet. He will do what ever Zuma tells him that is why is is elected.

      Sedick - 2011-08-26 17:50

      All the Presidents Men.....Cele, Similane, Dramat, Shabangu, Nkabinda, etc, and Mogoeng.....yes Mogoeng Mogoeng.......

  • Lerato Phiri - 2011-08-26 13:26

    Legally, Zuma simply has to consult. Legally, he can also throw all objections out the window and appoing this neanderthal anyway. Lovely Constitution that we have!

      Netherlander - 2011-08-26 13:48

      How come when ever Zuma has a say in appointing someone COMPETENT... he ends up with a USELESS CADRE????? Look at ZUMA and understand.... THATS WHAT YOU GROW UP TO BE WHEN YOU SKIP EDUCATION!!!!! WORST PRESIDENT ON THE AFRICAN CONTINENT!!!! Makes Mugarbage look good!

  • Khanya.McCutha - 2011-08-26 13:29

    Good one, you have my support and I`m sure millions of SA`s support you guys

      1gascan - 2011-08-26 13:43

      Sbuda, please explain to me (and the rest of the forum) why you support somebody who is lenient towards people who have been convicted of crimes and proven guilty? I want to try and understand your logic. PS: PIRATES ALL THE WAY :)

  • bill - 2011-08-26 13:31

    that should not deter zuma who treats women shamefully.soort soek soort

  • jeremy - 2011-08-26 13:38

    Evidently Zuma approves of Mogoeng's attitude towards women which, presumably, is similar to his own. I agree with other correspondents who've pointed out that the country can't afford someone this primitive in charge of the country's constitution.

  • John - 2011-08-26 13:57

    Mogoeng is clearly unsuited to the bench. He would make a good petrol-jockey.

  • Bulala - 2011-08-26 14:32

    U guys are springing into song like an ochestra, becos ur ehiding the fact that ure politically inclined to oppose anythign done by Zuma and the ANC government. But there is no need to waste much energy on logical arguments in these cyber dungeons of racists! We meet them in shops but like the allegorical vampires u will not see their true nature until they are in these cyber dungeons where they feel safe as they are anonymous. But if logic did count, one could point out that every judge has his own weekness, becos judges are humans after all. There are many judgements that many people may disagree with, but they never resor to the sort of anarchic tendencies that scares all logical people from even attemtping to share views in these cyber dungeons! I personaly braved these demonic racist tendencies, because like in the vampire films, there those who try to rid humanity of such folks!

      Face - 2011-08-26 14:37

      You sound like a American preacher - talks a lot and saying nothing!

  • zackie - 2011-08-26 14:35

    our constituition is no longer worth the papers it is written an JZ can change it on his instruction to his new judge

  • mac-sdi - 2011-08-26 16:30

    i'm glad someone is taking a stand. Did the JSE take these judgements into consideration when they said they would not object this nomination? And why is this idiot judge not speaking out against his critics? is he applying the "keep quiet and hope it goes away" tactic - an anc favourite Did Gwede Mantashe take these judgements into consideration when he defended this man. What poor judgement from our president. SIES Zuma

  • Sizwe - 2011-08-27 11:30

    One question, did any of these cases go for an appeal, and were overtuned by the SCA due to an error of law by the presiding Justices?? An appeal to the High Court is heard by a full bench thus a majority judgement is granted... Then I would like Section 27 to furnish the full transcripts of the cases and not just the obiter, as this will limit the scope of application in considering the judgement or the obiter.

  • cgtours - 2011-08-27 12:02

    Is this guy crzy? does he have a soft spot for rapists? does dragging somebody ( especially a woman behind a car not revolt him as a human being never mind a Judge? What is his background and upbringing that he views such incidents as NOT really Serious? You cannot get Breeding and Mentality a University -it is inbred and in the Genes!Shocking Disclosure!but then can ZUMA, taking all into consideration, really BE expected to make the right appointments! ALL his appointments- (check it out)are disastrous! If you employed Zuma as the Personnel Manager in a LARGE Corporation to appoint Staff, it would be bankrupt within 2 years !! Just like his Government.This President cannot be left to appoint Candidates for the highest jobs in this Country! Can Moleketsi Mbeki/ Dr Ramphele/and all Senior Councils and TOP BRAINS, in this Country not form a PersonnelAppointment Department in this Government ( Independant) and funded by the TAXPAERS, just like to FUND THEIR SALARIES in Government, to put forward the most QUALIFIED Suitable Candidates- irrespect of Colour- but as Born and Bred South Africans. Asist this current President who we all know, is totally out of his depth before TOO much damage is done to rectify.

  • cgtours - 2011-08-27 12:06

    Bulala, no winder you watch Vampire Films! Your mentality shows it. Start watching films that will educate you and you will benefit more.Good heavens, Vampire films?- says it all.

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