South African Communist Party
21 January 2022
The South African Communist Party (SACP) welcomes the decision of the Judicial Conduct Appeals Committee directing former Chief Justice Mogoeng-Mogoeng to unconditionally apologise for breaching the Judicial Code of Conduct when he made pro-Israeli utterances in a seminar held on 23 June 2020.
The Committee ruled that Mogoeng, by his utterances, became involved in political controversy, and thus breached Articles 12(1)(b) and 14(2)(a) of the Judicial Code of Conduct. These Articles prohibit judges from becoming involved in any political controversy or activity – 12(1)(b) – but allow judges to be involved in extra-judicial activities if such activities are not incompatible with the confidence in, or the impartiality or the independence of the judge – 14(2)(a).
In that June 2020 seminar, Mogoeng expressed support for Israel in a context conflating the Biblical Israel and the latter-day typically apartheid Israeli regime which colonially occupies Palestinian land and unleashes varying forms of apartheid segregation, atrocities, killings, and other human rights violations against the Palestinian people.
The Committee clarified that some utterances made by Mogoeng-Mogoeng at the seminar, were of such a nature that they could diminish the public confidence in the integrity of the judiciary.
It is advisable for former Chief Justice Mogoeng to abide by the ruling and humbly apologise as directed by the Committee. Despite retiring from the position of Chief Justice, his apology would help restore public trust and respect for the judiciary, with the knowledge that no one is above the law.
The SACP reiterates its solidarity with the people of Palestine in their fight against oppression, segregation, expropriation, killings, and other human rights violations by the apartheid Israeli regime. The occupation of Palestinian land by the Israeli regime has caused untold misery on the Palestinian people over the decades. The controversial utterances by former Chief Justice Mogoeng implied that he could not feel any indignation at the injustices endured by the Palestinian people, the victims of Israeli apartheid.
Issued by Alex Mohubetswane Mashilo, SACP Central Committee Member: Media & Communications, 21 January 2022
