Neels Coertse Attorneys

Chief Justice Mogoeng Mogoeng again took flak for his recent address to Advocates for Transformation. It came in the form of a letter to Business Day by constitutional law expert, Professor George Devenish, who wrote that both the content and tone of the Chief Justice’s address – made in his official capacity – have serious implications for judicial independence,. Devenish pointed out that in his address, the Chief Justice, without mentioning names, used emotional and powerful language in relation to those who are challenging the modus operandi of the JSC in relation to the way it recommends candidates for appointment to the Bench. ‘He is obviously referring to, inter alia, the Helen Suzman Foundation, which has initiated litigation in this regard.’ He adds: ‘In his address, the Chief Justice declared: ‘We must use all available avenues to expose this retrogressive campaign and the danger it poses to nation-building.’ In making this statement, Devenish argued, the Chief Justice had ‘with unrestrained and categorical language declared his allegiance with and support for the JSC, against its detractors’. He concluded that, by his alignment and support for the JSC against its detractors, Mogoeng has ‘done immeasurable harm to the independence and impartiality of the judiciary, which is a cornerstone of democracy in SA and of which he should be a manifest custodian and should not in any way undermine’.

I acknowledge my source: LegalBrief Issue No. 0076 dated Friday 19 July 2013. With thanks.