By Lehlohonolo Lehana.
The Judicial Services Commission (JSC) rejected the Judicial Conduct Committee’s (JCC) recommendation for a further probe into a complaint against former Chief Justice Mogoeng Mogoeng.
The JCC referred a complaint by impeached Judge President John Hlophe against Mogoeng to a tribunal.
Although the complaint was lodged while Mogoeng was still in office, the JCC’s referral decision was handed down after his retirement.
Hlophe had alleged, among other things, that Mogoeng “conducted himself improperly and unlawfully in the manner in which he handled the complaint against him” by Deputy Judge President Patricia Goliath.
Mogoeng, however, denied all the allegations.
In a brief statement, the commission said, “On 11 January 2024, both Hlophe and Chief Justice Mogoeng were informed, by the Secretariat of the Judicial Service Commission (Commission) that the Acting Chairperson of the Judicial Conduct Committee (JCC), the then Deputy Chief Justice Maya, had decided to refer the complaint to the JCC in terms of section 16(1)(a) and (b) of the Judicial Service Commission Act 9 of 1994 (the Act) for consideration.
“The parties were, in terms of section 16(2)(a) of the Act, invited to make written representations to be considered by the JCC at its meeting. At the meeting of 2 February 2024, the JCC resolved, in terms of section 16(4)(b) of the Act, to recommend to the Commission that the complaint should be investigated by a Judicial Conduct Tribunal (Tribunal).
In a meeting on 3 April 2024, the Commission, excluding the members designated by the National Assembly and the National Council of Provinces, considered the recommendation of the JCC and resolved that the Commission will not request the Chief Justice to appoint a Tribunal.”
The JSC’s decision however has been criticized for its slow pace and potential implications for the judiciary’s reputation.
Hlophe’s impeachment marked a sad end to his judicial career, as he was once among the cream of South Africa’s judges.
At the age of 35, in 1995, just a year after the end of apartheid, he made history by becoming the first back judge in South Africa’s Western Cape province, and five years later its Judge President.
But his leadership there was turbulent, as he accused some of his colleagues of treating him as a “legal non-entity” and undermining him because he was black. He faced counter-claims of being verbally abusive and even assaulting a judge, which he dismissed.