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Sat May 26 06:33:45 SAST 2012

Mogoeng asks for chance to defend himself

Sapa | 03 September, 2011 10:394 Comments
JUDGE MOGOENG
Image by: GALLO IMAGES

Constitutional Court judge Mogoeng Mogoeng, who has been nominated for the post of Chief Justice, has asked his critics for an opportunity to defend himself during his interview with the Judicial Service Commission in Cape Town.

Before reading from a prepared statement, he said: "About two weeks before the president made my nomination known, the media was abuzz with speculation in relation to who is likely to be nominated and I was singled out for criticism as if there was not enough after my nomination was announced three weeks ago.

"We have had a series of criticisms against me in relation to my suitability... as this one who hated women who hates gay and lesbian people," he said.

"Since I have never had opportunity to say a word, I ask of this commission in all fairness to be afforded the opportunity to have not only commission but the nation as a whole to have the image of this kind of nominee before them listen to my full response.

"I am the kind of person who speaks loud, so let no one mistake me for an emotional person because I am a person who is in control of my emotions."

Mogoeng proceeded to read his statement, in which he defends his record as a judge.

Mogoeng was interrupted by Deputy Chief Justice Dikgang Moseneke, who is chairing the interview, when he reached page nine.

"Do you propose reading it word for word, or are you going to give us the highlights of your responses?" Moseneke asked.

Justice Minister Jeff Radebe, who sits on the JSC, came to Mogoeng's defence.

"The vicious mobilisation against the president's nominee is quite unprecedented," Radebe said.

"He needs to be given an opportunity to ventilate and express his views. He has a right of freedom of expression as much as all those who viciously attacked his integrity."

Earlier Aids activists sang and danced inside the hall of Cape Town Convention Centre where Mogoeng was to be interviewed.

The special sitting was open to the public and the media.

There was an audience of more than 1000 people, many wearing "HIV positive" T-shirts. and "Feminist" T-shirts.

Moseneke asked the audience to refrain from clapping during the proceedings.

"The applause will hardly help in having an open and beneficial debate," he said.

"I will ask you not to go that route otherwise we will have to adjourn and hold the debate in private meeting.

Treatment Action Campaign (TAC) spokesman Mark Heywood said the organisation had many concerns about Mogoeng's appointment.

"We are firmly of the view that he is not a suitable candidate." Heywood said Mogoeng had delivered a significant number of judgments that showed "patriarchy" and leniency to rape and women abuse.

"We have studied Justice Mogoeng's written submission to the JSC, but his response does no settle our concerns. His judgments speak for themselves."

Mogoeng was nominated by President Jacob Zuma 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.

In his submission to the JSC Mogoeng said he was not homophobic or gender-insensitive, nor is he inexperienced for the job.

Before the interview began the Democratic Alliance's candidate on the JSC, Hendrik Schmidt, had wanted to reopen the debate on further candidates.

After much discussion however, Moseneke ruled the commission would stick to the agenda and discuss the issue later.

"It is not necessary to conduct a separate ballot and we will proceed with the agenda," Moseneke said.

"If there is any need to revisit this matter it will be at the end of the interview."

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Mogoeng asks for chance to defend himself

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COMMENTS [4]

Beelzebub

Posted 265 days ago
Avatar
The more I find out about this character, the more intensely I dislike him.
He suspended the sentence of a rapist, because the rapist used minimal force. Throttling is considered to be minimal force by this idiot.
Well seeing that the worst I could get is a suspended sentence, maybe I should look him up and practice my throttling techniques on him.
Avatar

SimphiweMngadi

Posted 265 days ago
The more I look at your avatar, the more intensely I believe you subscribe to satanic beliefs. You suspended your disbelief, because this satanic avatar seems funny with the middle finger

m1si2zi3nzo4

Posted 265 days ago
Avatar
This judge is so compromised that he won't lift even a finger against Zuma's 'transformation' agenda. He himself knows how compromised he is (783 unanswered charges) that he cannot act against any of his corrupt ministers. His discomfort with the constitution is only matched by Mantashe's, his chief tribal supporter. Zuma can never let go of the control of the judiciary gained through Ngcobo's appointment. He has shown in many occasions how eager he is to submit the whole nation under his control, by reducing COSATU, SACP, and Womens' League (remember them?), into a bunch of has beens. He has been courting Malema for some time now, cutting away his support base, and now feels that he can be taken on.

When he completes his consolidation of power, Mugabe will be like a church choir leader. I am convinced that he is gunning for a president-for-life title, after he has weaned the constitution into a mere paper worth throwing into the fire.

Z

OTTOOTTO

Posted 265 days ago
Avatar
Mogoeng will never satisfy activists and media critics_it's just not his job, the sooner he distances himself to these evils the better. He needs to focus on the job at hand _ the constitution. Activists dnt do a thing, they just shout as they are doing now. Fortunately for him, he now sits at the pinnacle of justice where no activist or a media house could shout any louder. Activists of hatred and media critics have no more cause to proclaim they are the only ones to defend the constitution. Enter Mogoeng! who i did'nt know before his defensive tirade. What a judge! I like his background and his disposition towards the poor. For a long time, we've had judges that were aloof to the poor, judges that treated jusice as a preserve of the learned, the wealthy, those with class / status to speak smooth fluent english, highly decorated intellectuals, professors and well connected. I like his passion for education, teaching and training. He is deeply grounded to his values and will not be swayed by his position. I like his unwavering stance on development which none of his colleagues 'the darlings of activists and media', Moseneke's had never bothered to address cause they were too busy publishing their cases and gathering attention for themselves hoping that they would be considered for this high office. Now all that has been in vain, the activists and the media are searing with anger and dissappointment. I like his approach to engage the traditional authorities on the traditional courts. Majority of South Africans live under the traditional authorities including myself and we dont have full consitutional protection. I like his engagement with community courts. I like his views on revamping small claims courts. I like his approach on the constitutional court as an apex court _ the sifting idea is a classic masterstroke for any administrator, we use it often in technology development and project management - it's called work breakdown structure and cost breakdown structure. This was always lacking in the management of our courts and Mogoeng had been asked by his collegues to lead this process_and now has a chance to implement it. I certainly think he should just close his eyes on what the activists and the media are saying. His biggest prize is access to justice and transformation of the judiciary and he does not need the approval of activists and the media. He has the poor masses at his side who have never heard of an activists and who dont read the papers but are throdden upon by the rich and beneficiaries of apartheid laws. I can see Mogoeng has fire in the belly to burn all those injustices. He will be there for ten long years to clean out all the filth and vestages supported by activists and the media. What an interesting man to come at an interesting time.