Cosatu slams Mogoeng nomination

2011-09-03 13:19

Johannesburg - Cosatu is calling on the Judicial Service Commission (JSC) to recommend against Justice Mogoeng Mogoeng's appointment to the position of Chief Justice.

"Although Mogoeng met the minimum criteria for appointment, his judgments showed a mindset and values that were inconsistent with the Constitution," Cosatu said in its submission sent to the JSC on Saturday.

He also showed a lack of sensitivity to a court's role in protecting vulnerable groups, including minors.

Cosatu asked President Jacob Zuma to re-open the nomination process in order to identify more suitable candidates.

Mogoeng was nominated 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.


He was being interviewed in a special sitting of the JSC in Cape Town on Saturday, to assess his suitability for the position.

Cosatu said the controversy around Mogoeng's appointment was indicative of a broader underlying problem, namely the need to democratise and ensure more inclusivity in the judicial appointments process as well as in respect of other decisions affecting the judiciary.

"Judicial accountability receives far too little emphasis."

It said Mogoeng had made contradictory statements in his judgments and reflected a trivialisation of rape and sexual offences, and an insensitivity to gender-based violence.

He also lacked awareness of criminal law on rape and appeared to disregard the rights and interests of minors, who are a vulnerable group.

The JSC should as a minimum, enquire as to Justice Mogoeng’s commitment to the Constitutional rights to equality and freedom of unfair discrimination on all grounds, including that of sexual orientation, and enquire why Mogoeng had not provided reasons for some decisions, Cosatu said.

It should be an inherent requirement that judges show their full commitment to the protection of Constitutional values and the rights contained therein.

The JSC should also enquire whether Mogoeng was involved in prosecuting any politically motivated cases while working for the homeland of Bophuthatswana and whether he had prosecuted any death penalty cases.

His role as a state prosecutor for Bophuthatswana between 1986 and 1990 raised serious concerns about his role under apartheid.

"It is disturbing that even if not successful, Justice Mogoeng will remain on the bench as an ordinary Constitutional Court judge," Cosatu said.

"This highlights the need to ensure a process that will seek democratise the way judicial appointments are made."

  • crackerr - 2011-09-03 13:37

    The mere fact that Cosatu objects to Mogoeng's appointment is almost enough by itself to support Mogoeng.

      Neil - 2011-09-03 13:50

      Cosatu always has something to say. Well, News24, see you on the slamming and blasting words again today. Every article either this guy slams that guy or this one blasts that one.

      zaatheist - 2011-09-03 13:59

      I think you may well find, as we stumble into the future, that we will be thankful that at lease one of the alliance partners is demanding democratic values.

      Pencilgraffiti - 2011-09-03 14:30

      @crakerr - Cosatu has recently spoken out against corruption, Selebi, Cele, Malema & Zuma. I def don't always agree with them but they are at least more sober than youself

  • ck - 2011-09-03 13:42

    Surely sense will prevail. Surely. It for all our sakes. Please.

      Heidi - 2011-09-03 13:59

      This appointment is for zoomer's sake, ie. no sense!

  • Zulgin - 2011-09-03 14:13

    Seriously what is the case with this judge, how can you honestly expect what he did in the 80's to still matter today, Ba-tswhane had their own laws. The oppositions are clutching at straws here.

      Grant - 2011-09-03 16:05

      Are cosatu a oppostion party now? Must have missed that one - would be a good move though!

  • alphtechnologies - 2011-09-03 14:25

    Cosatu is not representing the views of all its members unfortunately there is no alternative labour org. They are nowadays pleasing the MEDIA and whites. MOGOENG IS THE MOST EXPERIENCED JUDGE IN THE CONST. COURT AND THATS A FACT.ZUMA MUST APPOINT MOGOENG FINISH AND KLAAR.

      Maleo - 2011-09-03 15:21

      Hey, remember Celebi was sunk by "finish and klaar"

  • Meetsnoer - 2011-09-03 14:28

    Cosatu is a trade union. Stick to what you know!

  • nkhadi - 2011-09-03 16:51

    cosatu is bought by the DA. get out of politics please. focus on the labour brokers, child labour, foreign cheap labour and the living wages for poor civil servants, cleaners , security and taxi drivers.

      umhlopo - 2011-09-04 17:30

      how the hell did you arrive at that conclusion,stay off this site you are convincing the whites out there that all the blacks are stupid

  • Verdade - 2011-09-03 17:24

    As long as they belong to the tri party alliance.... their opinion will not matter. Yes I agree they have spoken out against corruption ect... Better to blue collar politics Cosatu!

  • OZNOB - 2011-09-03 18:35

    I MIGHT not always see eye to eye with cosatu though this time i agree with them. aside from that it would appear that he is illiterate , ill tempered and arrogant

  • Thami Fraser - 2011-09-03 21:06

    I wish Patrick Craven and Cosatu would just for once slam the unruly, criminal and violent actions of their members when they go on strike. Then you will gain some credibility for the things that you so selectively choose to criticise.

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