By Thabo Mosia
The allegations have brought renewed scrutiny to the conduct of the former Chief Justice, raising questions about judicial impartiality and ethical standards within South Africa’s judiciary. The Judicial Conduct Committee, chaired by Chief Justice Mandisa Maya, highlighted the seriousness of the complaint, which, if proven, could bring the judiciary into disrepute. The committee has thus recommended that the Judicial Service Commission (JSC) refer the case to the Judicial Service Tribunal for a comprehensive investigation.
Background of the Allegations Against Mogoeng Mogoeng
The complaint against Mogoeng centres around his alleged involvement in a case against Judge Hlophe. According to Hlophe, Mogoeng met privately with Goliath, his deputy at the time, and allegedly encouraged her to pursue a complaint against Hlophe. Hlophe argues that this action represents a violation of Mogoeng’s oath of office, claiming that the former Chief Justice compromised his neutrality by presiding over a matter in which he had allegedly influenced the proceedings.
Judge Hlophe, who himself has faced impeachment following allegations of misconduct, views Mogoeng’s actions as inconsistent with the judicial standards expected of a Chief Justice. In his complaint, Hlophe asserted that Mogoeng’s alleged conduct amounted to a betrayal of his oath and an undermining of judicial impartiality, a principle central to South Africa’s legal system.
Mogoeng’s Defence and Response to the Allegations
Former Chief Justice Mogoeng has firmly denied the allegations put forward by Hlophe, describing his interactions with Goliath as part of his judicial responsibilities. Mogoeng maintains that the meeting was not clandestine but conducted transparently, in line with his duty to oversee judicial leadership matters.
In his defence, Mogoeng argued that he held the meeting with integrity and without any intention of swaying or influencing the complaint against Hlophe. He contends that Hlophe’s accusations lack substantive evidence and are based on misinterpretations of his role as Chief Justice. Mogoeng’s response emphasises his commitment to upholding the judiciary’s integrity, stating that the complaint is an attempt to cast doubt on his reputation without merit.
Judicial Conduct Committee’s Findings and Recommendations
The Judicial Conduct Committee’s ruling underscores the gravity of the allegations, noting that if substantiated, they could indicate “incapacity, gross incompetence, or gross misconduct” on Mogoeng’s part. The committee, after reviewing the complaint, found the claims sufficiently serious to warrant further examination.
Chief Justice Mandisa Maya, who leads the committee, stated that the Judicial Service Tribunal is the appropriate body to investigate the matter in-depth, given its jurisdiction over complaints of this nature. The committee concluded that the allegations against Mogoeng may bring the judiciary into disrepute, urging the Judicial Service Commission to proceed with a formal tribunal investigation.
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