Here's what Mogoeng might give up in benefits if he steps aside from the judiciary for politics

Former chief justice Mogoeng Mogoeng’s rumoured political ambitions could see him give up lifetime benefits if he steps aside from the judiciary for politics. 

Mogoeng’s presidential run was announced earlier this year after he was reportedly selected as a candidate by the All African Alliance Movement.

The former chief justice has yet to publicly confirm if he will accept the nomination.

Speaking on Newzroom Afrika this week, All African Alliance Movement secretary-general Bishop Meshack Tebe said Mogoeng will make a public announcement once he is done fasting and praying.

“The [former] chief justice is serving in the judicial system so he is working out his programmes. Above everything else, it is his commitment to be a praying person. He has been praying and will make a proper announcement himself once he is done,” Tebe said.

Is Mogoeng’s rumoured presidential bid legal? 

The Judicial Service Commission Act prohibits judges from entering party politics. Judges must not become involved in any political controversy or activity.

They cannot be MPs or in government and political parties. They are required to be impartial and to uphold justice for all without fear, favour or prejudice. 

This means Mogoeng may be in breach of the act if he enters politics.

“A retired judge must not sit as a director of a public company. A retired judge must not become a member or professional partnership or body corporate. A retired judge must not enter party politics,” the act reads. 

Despite his retirement, Mogoeng remains bound by some provisions of the act, which states “all activities of a judge no longer on active service must be compatible with his or her status as a retired judge”. 

A retired judge is also expected not to do anything that would bring the judiciary into disrepute.

“A judge discharged from active service must not be involved in any undertaking, business, fundraising, or other activity that is incompatible with the status of a judge.”

The act also states that “a judge who has been discharged from active service may only with the written consent of the minister, acting after consultation with the chief justice, hold or perform any other office of profit or receive in respect of any service any fees, emoluments or other remuneration or allowances apart from his or her salary and any other amount which may be payable to him or her in his or her capacity as judge”.

What benefits could Mogoeng give up if he joins politics?

According to the judiciary’s booklet on conditions and benefits, the judicial office comes with several lifetime benefits which include a car allowance, medical benefits, spousal benefits and personal security. 

Judges receive salaries for life even after retirement. They may be required by the president to perform service after retirement.

Mogoeng receives remuneration of more than R2.9m per annum (or more than R240,000 a month) and is entitled to a non-taxable allowance of R3,500 annually in addition to hissalary.

His salaries, allowances and benefits may not be reduced. The purpose of this is to free judges from the pressures and temptations of seeking income elsewhere.

A retired judge may receive payments for services or hold an office of profit, but only with the written consent of the minister of justice and the chief justice, the booklet states. 

It states a judge who resigns is entitled to a salary and gratuity as prescribed in the Judicial Service Commission Act.

A judge who resigns from office not as contemplated in the act forfeits payment of any benefits such judge would have been entitled to on the discharge from active service.

“A judge discharged from active service shall be paid a salary calculated in accordance with the formula prescribed in section 5 of the act (actual salary of a judge when such judge was in active service is divided by 15 and multiplied by the period in years of such a judge discharged from active service provides the aggregate salary). Such salary ceases to be paid with effect from the first day of the month following the month in which such a judge passes on,” reads the booklet. 

“In addition to the salary payable to any judge who has been discharged from active service in terms of the act, a non-taxable gratuity shall be paid to such a judge which will be calculated in terms of the formula prescribed in section 6 of the act. This gratuity shall not exceed three times the judge’s highest annual salary during the period of such judge’s active service.”

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