Jabulani Sikhakhane, ANDISIWE MAKINANA and MICHELLE PIETERSEN
NEW Chief Justice Mogoeng Mogoeng described as “a tsunami of a special kind” the criticism he has had to endure since President Jacob Zuma announced his nomination last month.
“From the depths of my heart I thank God for seeing my family and I through a tsunami of a special kind that I had to confront during the past few weeks,” Justice Mogoeng said yesterday afternoon after Zuma had announced his appointment as the new chief justice.
His choice of the word “tsunami” might be seen as an attempt to draw parallels with Zuma’s path to the presidency. It was Cosatu general secretary Zwelinzima Vavi who described Zuma in 2007 as “an unstoppable tsunami”.
Zuma’s description of the criticism of Justice Mogoeng was more philosophical: he said it was something to be expected “in a vibrant and diverse democracy as ours”.
“We can proudly say that we saw democracy at play in a most unprecedented and progressive manner, and this was a great achievement for our country,” Zuma said.
He did, however, caution that “the longest, most transparent and most robust” interview of any candidate for the post of chief justice or any other public servant might have “scared many candidates for public office, who feel this may be the next route to follow”.
Zuma also commended Justice Mogoeng for “the dignified manner” in which he had remained silent despite “the spirited public commentary” on his candidature.
Meanwhile, civil rights groups have asked their lawyers to explore the possibility of challenging in court, especially on procedural grounds, Zuma’s appointment of Justice Mogoeng as the new chief justice.
Some opposition parties are also planning to push for amendments to the constitution to change what they regard as a flawed process.
AfriForum announced that it had instructed its legal team to urgently investigate the possibility of setting aside Justice Mogoeng’s appointment.
Civil society coalition Section 27 has also asked its lawyers for legal opinion on the process of appointing the new chief justice, including his interview by the Judicial Service Commission.
Koos van der Merwe, the IFP’s chief whip and a JSC member, said he would, after consulting his party, consider introducing a private member’s bill in Parliament that could lead to changes in the way the chief justice is appointed.
AfriForum chief executive Kallie Kriel said his organisation believed Zuma had acted unlawfully by nominating Justice Mogoeng before consulting the JSC or any opposition party.
“Zuma had clearly made up his mind before the consultation process, which is inconsistent with the constitution,” Kriel said. “The consultation process was, therefore, mere window dressing.”