Complaint against Mogoeng to reach JSC this week

A complaint calling for the removal of Chief Justice Mogoeng Mogoeng from office is expected to reach the Judicial Service Commission (JSC) this week.

The Sunday Independent reported that this is the latest twist in the debates, in public and legal circles, on the transformation of the Bench and how the JSC recommends judges for appointment.

Mogoeng spoke frankly about these issues at the Advocates for Transformation's annual general meeting last month. He questioned critics who complained when a white male candidate was not recommended for appointment to the Bench, while those who were appointed were described as "executive toys".

This suggested "war has been declared against transformation", Mogoeng said, adding that there was a deliberate attempt to "delegitimise", "intimidate" and "mock" the JSC.

The complaint against Mogoeng follows correspondence between himself and the Institute for Accountability in Southern Africa's director Paul Hoffman. Hoffman wrote to Mogoeng saying it was unconstitutional to block the career ambitions of any person on the basis of race or gender.

Mogoeng's spokeswoman Lulama Luti said: "If a complaint has been laid with the commission, then we will await its processes to unfold accordingly."

The JSC secretariat told the newspaper no complaint had been received yet. Hoffman told The Sunday Independent that if the JSC could not decide if Mogoeng had been in contempt, it should find he was grossly incompetent for making the statement.