Mogoeng answers critics in JSC interview

2011-09-03 12:00

Cape Town - The Judicial Service's Commission (JSC) gave Constitutional Court judge Mogoeng Mogoeng the opportunity to answer his critics before his interview started in Cape Town on Saturday morning.

Mogoeng is President Jacob Zuma's proposal for Chief Justice.

"You are the president's nominee for Chief Justice and the JSC has convened with a view to determining in its opinions whether you are a suitable candidate to be appointed as Chief Justice," Deputy Chief Justice Dikgang Moseneke , who is chairing the interview said.

Earlier Aids activists sang and danced inside the hall of Cape Town Convention Centre where Mogoeng was to be interviewed.

The special sitting was open to the public and the media. There was an audience of more than 1 000 people, many wearing "HIV positive" and "Feminist" T-shirts.


Moseneke asked the audience to refrain from clapping during the proceedings.

"The applause will hardly help in having an open and beneficial debate," he said.

"I will ask you not to go that route otherwise we will have to adjourn and hold the debate in private meeting.

Treatment Action Campaign (TAC) spokesperson Mark Heywood said the organisation had many concerns about Mogoeng's appointment.

"We are firmly of the view that he is not a suitable candidate." Heywood said Mogoeng had delivered a significant number of judgments that showed "patriarchy" and leniency to rape and women abuse.

"We have studied Justice Mogoeng's written submission to the JSC, but his response does no settle our concerns.

"His judgments speak for themselves."

Mogoeng was nominated by Zuma to be the country's next chief justice following the retirement of former chief justice Sandile Ngcobo after his term of office expired on August 14.

In his submission to the JSC, Mogoeng said he was not homophobic or gender-insensitive, nor is he inexperienced for the job.

Before the interview began the Democratic Alliance's candidate on the JSC, Hendrik Schmidt, had wanted to reopen the debate on further candidates.

After much discussion however, Moseneke ruled the commission would stick to the agenda and discuss the issue later.

"It is not necessary to conduct a separate ballot and we will proceed with the agenda," Moseneke said.

"If there is any need to revisit this matter it will be at the end of the interview.

  • Jimm636 - 2011-09-03 12:16

    you would think that there would be more than one candidate. are we going to be railroaded into this, the 'only' option, or will other's be presented for consideration? judgements are the final word in a case, and any judge in line for the constitutional court must be rigorously challenged on them to ensure that they are legally sound. lets hope this interview leads to a worthy decision.

      Heidi - 2011-09-03 12:22

      This is a waste of time. zoomer can pick who he wants, thanks to roelf meyer and nobody can do anything about it. Conclusion: another useless person in a important position.

      Nico - 2011-09-03 14:34

      Heidi, what does Roelf Meyer got to do with Judge Mogoeng?

  • gcr - 2011-09-03 12:34

    Live in the hope that Zuma is voted out as the ANC leader and then this charade can start all over again as the President will nominate someone else to be chief justice

      Snurtle - 2011-09-03 14:34

      It does not work that way - if he gets voted in now, he (by law) will remain there for the next 10 years. He cannot be fired.

  • alphtechnologies - 2011-09-03 12:56

    The media is not talking on behalf of all of us. Who is more experienced as a judge in the contitutional court than him. How many judgement did he make in a career of more than 20 years and we r complaining about three judgements?

  • abg100 - 2011-09-03 13:11

    I still believe there should be at least an option A AND B. When we are railroaded into a candidate it makes one wonder. The anc lacks transparency in all decision making. When zuma appoints someone ther is ALWAYS suspicion!

  • amoury saleh - 2011-09-03 13:21

    Let's respect the judiciary and the personality of any judge. The media isn't assaulting the legal system by viciously attacking a jugde for his ruling? What the difference with Gwede Mathanshe, GS of ANC, concerning his point about the legal fraternity? Lichocho

  • leonard - 2011-09-03 14:13

    My post on this subject yesterday bears repeating.If Mogoe is appointed it will be on political grounds and NOT on the grounds of ability.It is expediant for Zuma and the ANC to have a lapdog to do their bidding.Whatever happened to the correct laid down procedure and consultative process?How sad !!!!!!!

      Farai - 2011-09-03 18:42

      the guy argued and defended all those allegations with deep integrity and intelligence, yu're jus a hater! Were you even watching the proceedings objectively? Have you even read a single one of his judgements, your argument may work on Malema but this particular judge is way beyond your league! *jussaying*

  • ratanangdadecyphern - 2011-09-03 20:48

    It was rather fair for the JSC to give Mogoeng J the chance to explain himself. As a result of that the public will develop a different image about his ability to lead the Constitutional Court.

      leonard - 2011-09-03 23:22

      You don`t get it do you.The process is precisely for the public and legal fraternity et al to listen to and form their own opinion of the person involved.On Mogoes dismal display,he could not be chief judge on idols.You ANC followers are all so brain washed by your party that you cannot differentiate between right and wrong.

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