RE: CONTEMPLATED ATTEMPT TO IMPEACH THE CHIEF JUSTICE OF THE CONSTITUTIONAL COURT (THE HONOURABLE JUSTICE MOGOENG MOGOENG)
The Black Lawyers Association has noted with a high measure of regret the current trends aimed at attacking the transformation of the Judiciary as well as the legal profession in general. There are clearly well orchestrated campaigns which are galvanised and aimed at bringing down the Constitution's clearly articulated imperatives.
Since the Judicial Services Commission has started in an unwavering manner to flex its muscle in ensuring that it lives to the spirit ,purpose and objectives of the Constitution, a group of well resourced, properly financed institutions have immerged with the purported view to "protect properly interpret the Constitution .
The Judicial Services Commission must be given the space to discharge its constitutional mandate without being impugned or threatened.
That should in no way be construed to imply that the Judicial Services Commission is beyond scrutiny. Institutions like the complainant in this case should be channelling their energy and resources towards addressing the problems of the country in line with the constitutional imperative, as opposed to subverting it as they seem to be doing.
These organizations, contrary to their purported objectives have embarked on a serious onslaught of undermining the Judiciary, the Legal Profession and the Justice system in the country, thus causing a perception of negative reputational image of our country to the outside world.
These orginisations qualify to be dubbed sinister and dark forces aimed at subverting our democracy using the Constitution in a manipulated way to suit their agenda. It would be highly appreciated if they, would amongst other things be joining in articulating fundamental rights cases like the right to Legal representation to the indigent, poor and the vulnerable.
In the same vein, they should have long focused on or at least started to focus on the problems which engulfs the Judicial System by finding and assisting in implementing the necessary remedial measures and desist from evoking the Colonial mentality of "White Supremist".
The barrage of criticism against the person of the Office and person of the Chief Justice are baseless, unfounded, without merit and falls to be rejected.
They are purely aimed at destabilising the office he holds and the able manner in which he is discharging his mandate as Chairman of the Judicial Services Commission in line with the views of the commission as guided by the Constitution.
While we respect rights of every person including these institutions,this creeping abuse of processes by the well resourced should be rejected as contemptuous and not be seen or understood to be advancing democracy.
If this kind of conduct persist the result thereof will be giving credence to the wild and unfounded allegations of Judicial instability in the country and harm the reputation and the image of our courts, much acclaimed Constitution and Jurisprudence arising from our hard won democracy .
In the course of the campaign of casting aspersions on the office of the Chief Justice as well as his person,the protagonist should be alive to the mountain ahead of them insofar as the Constitution or any applicable legislation on impeachment is concerned.
They will as they have done before want to impugn the character of Parlimentarians when they do not attain the requisite majority for impeachment.
The latter is only relevant or applicable in the unimagined and unforeseeable eventuality.
Condemnation with indignation squarely qualifies for this despicable conduct, manifesting itself by a deliberate abuse of legal processes.
Statement issued by Mrs Hlaleleni Kathleen Dlepu, Deputy President, Black Lawyers' Assocation, August 8 2013
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