By Lehlohonolo Lehana.
The Judicial Conduct Committee (JCC) has recommended a further probe into the impeached Judge President John Hlophe’s complaint against the retired Chief Justice Mogoeng Mogoeng.
This follows a ruling by the JCC dated 22 October 2024.
In its ruling, JCC considered that ‘the complaint, will, if established prima facie, indicate gross misconduct on the part of the former Chief Justice that may be seen as bringing the judiciary into disrepute’.
Hlophe, who was judge president of the Western Cape High Court, lodged a complaint with the Judicial Service Commission (JSC) against Mogoeng, who was then chief justice.
The acting chair of the JSC referred the complaint to the committee and informed Mogoeng — of the complaint and asked him for his response.
The JCC considered Hlophe’s complaint in conjunction with Mogoeng’s filed response.
Hlophe alleged Mogoeng had a scheduled and private meeting with Western Cape deputy judge president Patricia Goliath in October 2019 about allegations of gross misconduct in his absence. In that meeting, Hlophe said, Mogoeng had expressed partial views to Goliath in relation to those allegations and thereafter presided over the same allegations against him by Goliath in a manner that was inconsistent with his oath of office.
He also stated in his complaint that he had lodged a counter-complaint against Goliath, which was presided over by Mogoeng. In July 2020, Mogoeng dismissed his counter-complaint and ordered that the complaint by Goliath against Hlophe be referred to the judicial conduct tribunal for further investigation.
Mogoeng denied all allegations against him.
He said his meeting with Goliath was not secret but was held “in the normal course of exercising my judicial leadership responsibilities and immersed in integrity”.
A ruling by the JCC said that Mogoeng had denied the allegations by Hlophe, saying he had not produced any evidence to support his allegations.
The committee, led by Chief Justice Mandisa Maya, said it had to consider whether, if established, the complaint against Mogoeng indicates incapacity, gross incompetence, or gross misconduct on his part.
It said that the Judicial Service Tribunal was the only forum that had the jurisdiction to investigate such complaints.
The committee said the allegations against Mogoeng may bring the judiciary into disrepute and has recommended to the JSC that they be investigated and reported on by a tribunal.