Moseneke the right ad hoc arbiter for genocide case against Israelis

Retired Deputy Chief Justice Dikgang Moseneke. File picture.

Retired Deputy Chief Justice Dikgang Moseneke. File picture.

Published Jan 13, 2024


Retired Deputy Chief Justice Dikgang Moseneke has been appointed as an ad hoc judge to join the 15 regular judges of the International Court Of Justice (ICJ) to hear South Africa’s application for Israel’s military assault on Gaza to be declared as genocide.

Justice Moseneke has the superb qualities required to be our legal supremo at the ICJ. He is known to capture the people’s imagination like no other judge in our land.

He has spawned a fan following that can be the envy of rock stars and screen divas alike. Justice Moseneke has presided over cases which set the architecture of safeguarding the Constitution from desecration.

His legal career as an eminent jurist and a distinguished judge can be characterised as one that shows a commitment to ideals and dedication to purpose and service. His numerous judgments are scholarly, meticulously researched and carefully reasoned.

His decisions have demonstrated the protection of the constitutional rights of any person or group, favouring neither the rich nor the poor, and according equal justice to each group. There is no niche into which he could be placed, other than the one designated – “excellent”.

Judicial temperament has been described as reflecting patience, open-mindedness, courtesy, tact, courage, punctuality, firmness, understanding, compassion, humility and common sense.

Judge Moseneke possesses all these traits. His record clearly demonstrates that when adjudicating cases, he eschews judicial timidity and applies the law as he sees it.

His unfailing fairness, his humanity and his humility in wearing the privilege and power of high office without ever succumbing to pomposity or arrogance are always on display when he presides.

Fearless and courageous, thorough and resolute, his judgments are always reference points for other judges and lawyers. Fearless, fluent and articulate, he can think on his feet and handle with ease whatever is thrown at him.

Justice Moseneke is a most outstanding and dedicated patriot who has served our country with unswerving commitment. He stands out as a giant among those whose contributions have served and continue to serve us in our struggle to build a nation out of scattered hopes and lofty aspirations.

Dikgang Moseneke is one of the most courageous and erudite justices that the African continent has ever produced. Justice Moseneke is purely a classical, erudite and distinguished jurist. Highly eloquent, brilliant and possessing the jurisprudential sagacity of a rare breed, he is the epitome of judicial rectitude. His contributions to our constitutional law and jurisprudence are unrivalled.

He has provided superb leadership, improved the delivery of justice for the people and earned the admiration of his colleagues throughout the judiciary. He has led the judicial branch of government with tremendous skill and wisdom, and has honoured his country with a lifetime of service.

Indeed, he is our very own “Lord Denning”.

* Farouk Araie, Johannesburg.

** The views expressed here are not necessarily those of Independent Media.

Cape Argus

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