By Lehlohonolo Lehana.
The Judicial Conduct Appeals Committee has dismissed former Chief Justice Mogoeng Mogoeng’s appeal against the Judicial Conduct Committee’s (JCC) findings that he had involved himself in political controversy over South Africa’s policy on Israel.
In a short statement on Thursday, the appeals committee said it confirmed the Judicial Conduct Committee’s findings that Mogoeng breached the Judicial Code of Conduct when he involved himself in political controversy.
A majority decision (Justice D H Zondi and Justice N Dambuza), decided in terms of section 18 (4)(c)(ii) of the Judicial Service Commission Act, 1994 to confirm Mojapelo DJP’s findings that Mogoeng had breached Article 12(1)(b) of the Judicial Code of Conduct (Code), in that he, through his utterances, involved himself in political controversy.
The Committee further found that Mogoeng breached Article 14(2)(a) of the Code of Judicial Conduct in that he was involved in extra-judicial activities which are incompatible with the confidence in and the impartiality of Judges.
In line with the judgment, Mogoeng has since been ordered to “Issue an unconditional apology for becoming involved in political controversy through his utterances at the online seminar (webinar) hosted by the Jerusalem Post on 23 June 2020. A copy of the apology must be released by Mogoeng to the Office of the Chief Justice and the media within 10 days of this decision.”
“Judge Victor, the third member of the Judicial Conduct Appeals Committee penned a minority decision in which she would have upheld the appeal in its entirety, setting aside the findings of Mojapelo DJP and the remedial action that flowed therefrom,” a statement from the committee reads.
Pressure has been mounting on Mogoeng to comply with Mojapelo’s decision and apologise. However, he has been insistent that there was no constitutional value he undermined in his utterances.
Mogoeng has argued that the Palestine-Israel dispute is peripheral and not inherently South African, in response to complaints against him.