JOHANNESBURG – Chief Justice Mogoeng Mogoeng should stop running to the media to sow division in the country, he has an ethical duty not to divide the country.
The highest man in the South African judiciary Chief Justice Mogoeng Mogoeng, have came out to publicly disagree with his learned colleagues in the South African highest court who upheld the High Court judgment involving Public Protector Busisiwe Mkhwebane to foot over R900 000 fee relating to flawed Bankcorp probe.
“The High Court judgment on Public Protector matter didn’t make sense” said Mogoeng Mogoeng
On Monday, a majority Constitutional Court judgment upheld a Gauteng North High Court decision that Mkhwebane pay 15% of the South African Reserve Bank’s legal fees out of her pocket for a flawed report she penned on the matter involving the Bankcorp lifeboat saga. The fees are reported to be around R900 000.
Speaking live on SAFM on Friday, Mogoeng said law is about logic, it is like reading a newspaper. It has got to make sense to you. If you read a judgment and it doesn’t make sense to you, there is something wrong. It’s all about logic, so read the judgments (high court, majority and minority judgment), you will appreciate what the different judgments say and which one you agree with,” he said.
Mogoeng, who was opposed to the majority judgment, penned a fierce 17 000 word minority judgment detailing why the punitive personal cost order against Mkhwebane should be overturned in the highest court in the land.
Eight Constitutional Court judges disagreed with him, with only Judge Patricia Goliath siding with him in the matter.
The majority judgment, is the official judgment of the court, while the minority judgment is seen as a dissenting voice with no legal standing.
He said he could not discuss the matter in great detail, saying he was bound by his ethical conduct.
He implored South Africans to read the judgment from the Gauteng North High Court, the majority judgment from the ConCourt and his 17 000 word minority judgment.
I personally think the chief justice must slow down now. He has an ethical duty not to divide the country by his opinion outside his job. As a leader he has duty to keep the morale and confidence of his staff. He can’t be telling everything he differed with with other judges who happened to be his colleagues. This is not good leadership.
The country has difficulty being glued together and the power he holds can be destructive. He has to choose now whether he remains Chief Justice or becomes Law expert or political analyst… His frequent visits to the media and public platforms is now concerning….with all due respect, he is heading to becoming law to himself or even partisan