Chief Justice warns 'rich and powerful' critics

In what a City Press report says was fiery speech delivered at a retirement function for Gauteng Judge President Bernard Ngoepe, Mogoeng said judicial independence would be 'limping' if it only meant independence from the ANC. And in what the report suggests was a defence of beleaguered Western Cape Judge President John Hlophe, Mogoeng asked how many judges 'can withstand sustained attacks occasionally coupled with threats of impeachment'. The Chief Justice warned judges against being fearful of 'what vocal and well-resourced opposition party leaders can do to you, what resources and forces the rich and powerful can mobilise against you, and what ridicule, recycled criticism and misinformation campaigns the media and others could subject you to'. He said: 'If for fear of being labelled pro-executive or conservative you feel intimidated into toeing a particular line so that you can earn the categorisation of progressiveness, whatever it means these days, then you are not independent.' Mogoeng warned those who were 'in the habit of vitriolic attacks against judicial officers', but who were also the first to jump to their defence amid criticism by others, to be 'very careful' about how they criticised judges. Deviating from his written speech, he said those critics must just 'hamba kahle' (tread carefully). Full City Press report

At a press conference to address mounting criticism of the JSC, Mogoeng said members of the JSC would not be pressured or intimidated into recommending any candidate for appointment as a judge, Chief Justice Mogoeng Mogoeng told. The Chief Justice was flanked by SCA President Lex Mpati, JSC spokesperson CP Fourie, North and South Gauteng Judge President Bernard Ngoepe and Deputy Correctional Services Minister Ngoako Ramatlhodi, also a JSC commissioner. A BDlive report says Mogoeng addressed head-on the criticism that there was political interference in the work of the commission, saying the JSC 'does not go through the motions of pretending to interview when it is in fact rubber-stamping some recommendations by some personality or organisation'. He added: 'No analyst, no pressure group, no organisation, no politician and no media group should labour under the impression that we are capable of being pressurised and intimidated into appointing their preferred candidate.'

The latest round of criticism of the JSC follows the news that highly respected senior counsel Jeremy Gauntlett was once again overlooked for appointment to the Western Cape High Court, as was officially confirmed on Friday. Former Deputy President of the SCA Louis Harms, who nominated Gauntlett, has already hinted (in a letter to the JSC and Chief Justice) at a court case challenging the rationality of Gauntlett's exclusion and the appointment of Mokgoatji Dolamo. Mogoeng said giving Harms reasons for Dolamo being recommended and Gauntlett overlooked was 'not an easy matter'. According to a report on the IoL site, the Chief Justice said that although Harms had nominated Gauntlett, it would be necessary to find out from Gauntlett whether he was comfortable with the reasons for not recommending him being disclosed to Harms. 'We will first run it by Advocate Gauntlett,' he said. 'The bottom line is that reasons will be supplied when asked for.' According to a report in Die Burger, Harms challenged Dolamo's recommendation on the grounds that he has run into problems the Law Society of the Northern Provinces following several complaints lodged against him. And according to the report, two more investigations against him are pending. It says the complaints against him mainly relate to 'accounting problems' when Dolamo was practising as an attorney in Mpumalanga. Full BDlive report Full report on the IoL site See also a City Press report Exchange of letters between Harms, Chief Justice and JSC Full report in Die Burger

It has come to light that Gauntlett's application was submitted three weeks after deadline. A City Press report says revelations of Gauntlett's late application have fuelled rumours he was asked to apply for the position by an emissary of the Chief Justice, who is said to want him on the Constitutional Court Bench. Gauntlett has twice unsuccessfully applied to become a Constitutional Court judge. The report claims talk is rife in the legal fraternity that Mogoeng wants Gauntlett on his Bench as a counterpoint to influential Justice Edwin Cameron. City Press quotes two unnamed legal sources as saying Gauntlett, widely regarded as one of SA's best legal minds, could act as a counterpoint to dilute Cameron's influence. The paper says rumours abound among judges and advocates that Gauntlett was favoured by Mogoeng for a top job in the Constitutional Court when Justice Zak Yacoob retires in February. A member of the JSC's sifting committee reportedly said he had heard, after the JSC had finished deliberations last week, that Gauntlett was approached 'from on high' to apply and was guaranteed a position. Mogoeng, however, said it was the first he had heard of the allegations. Full City Press report

Mogoeng also touched on the transformation of the judiciary, describing it as an ongoing 'juggling act' to meet constitutional objectives and appoint people who can carry out judicial functions effectively. 'Transformation is no longer about appointing black people and women to the judiciary - there are added factors,' Mogoeng is quoted as saying in a report on the News24 site. There had been progress since 1994, where the breakdown had changed from, for example, 160 white judges out of a total of 165. Now there were 237 judges - 71 of them black males, 27 black females, 16 coloured males, eight coloured females, 13 Indian males, 12 Indian females, 71 white male judges and 20 white female judges. However, he warned there was no room for complacency. It was no longer the case that a good human rights track record was a guarantor of a place on the Bench, or that the black candidate with a good human rights record was guaranteed an appointment. There could be a candidate who had belonged to a secret organisation and an investigation could be made as to 'what decisive break with the activities of the past' that person had made, he said. 'So we juggle these things.' Full report on the News24 site

According to a Beeld report, the Chief Justice also addressed the issue of judges facing disciplinary action by the JSC. He said that apart from Western Cape Judge President John Hlophe and Judge Nkola Motata, from Pretoria, three other judges are due to appear before a tribunal. They are judges George Webster, Moses Mavundla and Ferdi Preller, all from the North Gauteng High Court. Mogoeng said complaints had been received that these judges reserved judgments for lengthy periods before delivery. Full Beeld report

The JSC recommendations to President Jacob Zuma, according to a report on The New Age site, are: Eastern Cape High Court (Mthatha and Port Elizabeth): Advocate Murray John Lowe SC and Buyiswa Majiki. Electoral Court: Judge Dimpheletse Seun Stanley Moshidi and Judge Willem Wepener. KZN High Court: Judge Achmat Naaim as Deputy Judge President. North and South Gauteng High Court (three vacancies but only one recommendation): David Stephanus Fourie SC. Western Cape High Court: Judith Innes Cloete; Mokgoatji Josiah Dolamo; Babalwa Pearl Mantame; Owen Lloyd Rogers SC; Ashton Schippers SC. Full report in The New Age

Experience is what has counted in the contest for the post of KZN's Deputy Judge President, says a report in The Mercury. The JSC has recommended Judge Achmat Jappie be given the job and not the more controversial Judge Isaac Madondo. Jappie, who was asked in his interview two weeks ago if race had a role to play in the appointment process, was seen as being a shoo-in for the post. He held the fort when Judge President Chiman Patel went on long leave earlier this year. According to the report, Jappie said yesterday the recommendation confirmed a de facto situation as he was already serving the role of acting Deputy Judge President. Speaking about his concerns for the judiciary, Jappie said there was a lack of infrastructure and personnel in the KZN High Courts. 'We do not have enough registrars and office space for them to work in. We also have too few judges. My other concern is that litigation is expensive and slow and we need to find a way to speed up the process and make it affordable.' Full report in The Mercury (subscription needed)