4 February 2022

The South African Communist Party (SACP) notes the apology by former Chief Justice Mogoeng Mogoeng on Thursday, 3 February 2022. He had to comply with the decision of the Judicial Conduct Appeals Committee directing him to apologise unconditionally for breaching the Judicial Code of Conduct when he involved himself in a political controversy in a pro-Israeli propaganda seminar held on 23 June 2020.

Mogoeng’s compliance with the decision of the Judicial Conduct Appeals Committee is important in the sense that it has the potential to contribute to restoring public trust and respect for the judiciary, with the knowledge that no one is above the law. Contextually, it is important to note that the apology came at the time when the judiciary was systematically isolated and attacked.

The attacks against the judiciary escalated during the proceedings of the judicial commission of inquiry into state capture. They were intensified with unjust criticism devoid of any scientific substance when the commission, which is headed by Deputy Chief Justice Raymond Zondo, handed over the first of its three-parts-report to President Cyril Ramaphosa, who took the commendable decision to release it immediately afterwards. When this happened, someone wielding a heavyweight hammer attacked the Constitutional Court by vandalising it.

Judicial Conduct Appeals Committee’s findings directing Mogoeng to apologise

The Judicial Conduct Appeals Committee ruled that Mogoeng, by the utterances he made at a pro-Israel propaganda seminar, became involved in political controversy, and thus breached Articles 12(1)(b) and 14(2)(a) of the Judicial Code of Conduct.

The Articles prohibit judges from becoming involved in any political controversy or activity (12(1)(b)). However, they allow judges to be involved in extra-judicial activities, if such activities are not incompatible with the confidence in, or the impartiality or the independence of the judge (14(2)(a)).

In that seminar, hosted by the “Jerusalem Post”, Mogoeng expressed support for Israel in a context conflating the Biblical Israel and the latter-day typically apartheid Israeli regime which colonially occupies Palestinian land. The Israeli apartheid regime has year in, year out, unleashed varying forms of apartheid segregation, atrocities, killings, and other human rights violations against the Palestinian people.

The Judicial Conduct Appeals Committee clarified that the utterances made by Mogoeng-Mogoeng at the seminar contained elements of such a nature that they could diminish the public confidence in the integrity of the judiciary.

Solidarity with the oppressed and expropriated Palestinian people

The SACP reiterates its solidarity with the people of Palestine in their fight against oppression, segregation, expropriation, killings, occupation of their land, and other human rights violations committed by the apartheid Israeli regime.

The apartheid Israeli regime has caused untold misery on the Palestinian people over the decades.