JUDGE MOGOENG SHOULD BE GIVEN A CHANCE
There has been much concern raised against Justice Mogoeng's nomination to the office of Chief Justice. This happens as if he is being called in from some unknown planet and being imposed on the Constitutional Court. One wonders what would be case if the President had nominated some judge who is not already on the bench in the Constitutional Court.
Let us look at the facts surrounding Mogoeng's rise.
While a prosecutor in the Justice Department Mogoeng was nominated as a Judge. He was then shortlisted for interview; was interviewed by the Judicial Service Commission where he satisfied the requirements of Section 174 (1) of the Constitution upon which his name was forwarded to the President of the Republic for consideration for appointment.
The President of the Republic in terms of Section 174 (4) of the Constitution of the Republic of South Africa 1996 consulted leaders of political parties to state their acceptance or otherwise of the appointment.
Mogoeng was then appointed as a judge. There was no squeak about what he did or did not do while a prosecutor. The issues raised by Section 27 and other instances as well as some individuals regaling what happened while Mogoeng was prosecutor are inconsequential as the due process was followed when he ascended to the judiciary.