Written by: Ashley Hewitt 

Chief Justice Mogoeng Mogoeng has lodged an appeal against the findings against him by the Judicial Conduct Committee (JCC). This was after he made remarks about Israel during a webinar meeting that was held in June 2020.

In his grounds of appeal document, Mogoeng stated that the 67-page ruling that was made against him by Judge Phineas Mojapelo of the JCC was “needlessly voluminous” and his reasoning was “disturbingly flawed and superficial”. Regarding the order that he was given to read out a scripted apology, Mogoeng described it as “something intended to bring one down to his knees – to crush, to humiliate.”

Mogoeng said, “I contend that this matter was wrongly decided, without any regard for or proper understanding of, the facts, the Code [Judicial Code of Conduct] and its entrenched and practicalised understanding, our jurisprudence and the Constitution. And all findings of guilt and the remedial action must therefore be set aside.”

Mogoeng went on to say that Mojapelo had misdirected himself by finding that complaints made against him did not revolve around constitutional rights to freedom of religion, belief, thought, opinion and freedom of expression. “JCC’s poorly reasoned decision is a danger to the proper enjoyment of these rights, hence this appeal”, he said.

Mogoeng also said, “After a diligent and thorough search, I vouch for the fact that there is no official policy of the South African Government toward Israel that contradicts any part of what I actually said, as opposed to what has been and is being put in my mouth. Even the two agreements signed by President Mandela and President Mbeki with Israel do not contradict anything that I have said,”

Mogoeng explained that his comments were biblically based and accused Mojapelo of misdirection for insinuating “that I was possibly involved in some conspiracy with the Israeli Government” and endorsed alleged Israeli injustices against Palestinians. “The learned Judge inexplicably ignored my profession of love for both [Israelis and Palestinians] and wrongly held me out as pro-Israel and anti-Palestine.” he said.

Mogoeng said that Mojapelo had misconstrued remarks he had made during a prayer meeting as “brazen defiance” of the JCC before it had rendered its decision. “I in effect said that I would not apologise or retract ‘unless forced by the law’ to do so,” he said. ‘

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Date published: 08/04/2021
Feature image: Image for illustrative purposes only. Chief Justice Mogoeng Mogoeng receives list of members for National Assembly and Provincial Legislatures. GovernmentZA/www.flickr.com

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