He is not homophobic, not insensitive to gender-based violence and totally disagrees with views that he has no regard for judicial ethics.
And on Sunday night, it emerged that 16 commissioners were in favour of chief justice nominee Mogoeng Mogoeng’s appointment with seven against.
For eight hours stretched over two days, Justice Mogoeng sought to convince his detractors that he was the chosen one, ending the gruelling interview broadcast live by proclaiming that God had given him the green light.
“I want to reassure fellow South Africans of my oath to uphold the constitution… to assure women, gays and lesbians of this country that their constitutional rights will be protected under my leadership,” he said on Sunday in his closing remarks to the two-day sitting of the Judicial Service Commission (JSC).
The public interviews, held at the Cape Town International Convention Centre, opened room for contentious debates and festering emotions, and cast a spotlight on cracks within the top ranks of the country’s legal fraternity.
It emerged on Sunday that a colleague who Justice Mogoeng had told “in confidence” about his conversation with God had spread.
“You told your colleagues that God wants you to be chief justice? Do you believe God wants you to be chief justice?” asked IFP commissioner Koos van der Merwe.
In response, Justice Mogoeng said: “I believe so. I’m one of those people who believes there’s a God, and God speaks.
“When a position like this comes, I pray and listen… otherwise I’d fail dismally.”
These deep-rooted Christian beliefs in God saw him come under scathing attack over the past few weeks, and similar questions about whether he will be able to live by constitutional principles that clash with the Bible came to the fore during the interview.
“You must not get to a point where you confuse your beliefs with the fundamental rights you sought to uphold by taking your oath. I am a judge whose obligation is clear… to live my oath, irrespective of what my personal beliefs are,” he said.
Commissioners came short of asking how he hoped to work with Deputy Chief Justice Dikgang Moseneke, a man punted by many as suitable for the position of chief justice.
Tensions between the two men reached boiling point on Saturday, with Justice Mogoeng getting visibly irritated by Justice Moseneke’s questioning of his intelligence.
While commissioners asked broadly about how Justice Mogoeng hoped to work with his colleagues, it was only on Sunday that a question directly pointed at his relationship with Justice Moseneke was asked.
“We relate strictly as colleagues. He’s the person I admired as a boy. I’ve always admired his courage. I look up to him as an older brother… not a friend,” said Justice Mogoeng, saying he foresaw a healthy working relationship with the man he lashed out at for being “sarcastic”, as well as seven other Constitutional Court judges.
The JSC remained mum on what it will be communicating to President Jacob Zuma, but sources revealed on Sunday night that Justice Mogoeng’s nomination has received a thumbs-up from the majority of commissioners.
But Van der Merwe maintained that Justice Mogoeng was not the best man for the job.
“The chief justice must be like Caesar’s wife… be clean like (retired chief justices) Sandile Ngcobo and Pius Langa,” he said at the end of the interview.
He had earlier taken a swipe at Justice Mogoeng over the fact that he had not had any of his judgments published or written articles on African law.
But Justice Mogoeng, who is likely to hear his fate by the end of this week, said “writing is not my passion”.
“Addressing problems that matter the most to ordinary South Africans is what drives me.”
Legal expert Kevin Malinga and the associate professor of public law at the University of Cape Town, Richard Calland, both lauded the JSC for the running of Justice Mogoeng’s interview.
Malinga said: “Issues of gay rights and gender were handled very well. I think he’s gonna make it… Not because Zuma did not (succumb to pressure) and change his mind, but because the JSC will vote in his favour.”
Calland said the interview, broadcast live, “was constitutional democracy at work”, adding: “I believe the JSC did an excellent job in putting questions that needed to be put to the nominee.” - The Star