Decision on Justice Mogoeng welcomed

SOUTH Africa’s former Chief Justice, Mogoeng Mogoeng, has been ordered to apologise for his pro-Israel comments, following his failed appeal against a legal complaint by #Africa4Palestine, the WCG (Women’s Cultural Group) and others.

According to the 66-page decision, made public by South Africa’s Judicial Conduct Committee (JCC), the controversial judge, who stepped down late last year, has 10 days to issue his apology.

Paragraph 95 of the Judicial Service Commission’s JCC decision reads: “To sum up, the appeal (by Chief Justice Mogoeng) against the decision upholding the complainants’ complaints based on Articles 12(1)(b) and 14(2)(a) of the Code, is dismissed. The Chief Justice was correctly found to have breached these Articles.”

According to the JSC’s conduct committee’s decision, the remedial action imposed on the Chief Justice (in terms of s 17(8) of the JSC Act) is to issue an apology, worded as follows: “I, Mogoeng Mogoeng, the former Chief Justice of the Republic of South Africa, hereby apologise unconditionally for becoming involved in political controversy through my utterances at the online seminar (webinar) hosted by the Jerusalem Post on June 23, 2020, in which I participated.”

Justice Mogoeng, according to the decision, has to issue the apology, with his signature, within 10 days to the Office of the Chief Justice and to the media.

#Africa4Palestine welcomes the favourable outcome as a success. We are also affirmed by the checks and balances keeping South Africa’s Judiciary fair and impartial.

This groundbreaking and historic outcome by the JCC has shown in practical terms that judges must be accountable for their behaviour and no one is above reproach.

We maintain that for anyone to condone Israel’s apartheid regime is morally repugnant. #Africa4Palestine was represented by a stellar legal team led by advocate Ben Winks of the Johannesburg Bar, advocate Sheldon Magardie of the Cape Town Bar, attorney Yasin Bham and senior counsel Nazeer Cassim.

We are grateful to them for their time and expertise.

TISETSO MAGAMA on behalf of Africa4Palestine