President Zuma appoints Justice Mogoeng as Chief Justice of the Republic

The Minister of Justice and Constitutional Development, 
Justice Mogoeng and family,
Deputy Chief Justice Dikgang Moseneke,
Former Chief Justice Ngcobo,
Deputy Minister of Justice and Constitutional Development,
Former Chief Justice Ngcobo,
Ladies and gentlemen of the media good afternoon,

Thank you for joining us at this special briefing.

It is my pleasure and honour to announce today, the appointment of Honourable Justice Mogoeng Thomas Reets Mogoeng as the Chief Justice of the Republic of South Africa.

Last month we began the process of appointing a new Chief Justice of the Republic, following the discharge of former Chief Justice Sandile Ngcobo from active service. The Chief Justice occupies a significant position as the head of the Judiciary, which is an important part of the three arms of the state.  This is therefore one of the crucial appointments and positions in our constitutional democracy.

We began the process of consultation on the 16th of August, in terms of Section 174 (3) of the Constitution, which enjoins the President to appoint the Chief Justice after consultation with political parties represented in the National Assembly as well as the Judicial Service Commission.

The parties and the JSC were requested to provide their views on the suitability of Justice Mogoeng. We thank the political parties for their contributions, which were by no means unanimous, as can be expected in a vibrant and diverse democracy as ours. We have taken note of the comments made by the parties.

We thank the Judicial Service Commission for the transparent and thorough manner in which the consultation process was managed. In particular, we acknowledge the role of Deputy Chief Justice Dikgang Moseneke for running the JSC process in a manner that allowed the participation of more South Africans. In the past this exercise only involved a very small group of stakeholders.

Other than opening it to the media, the JSC also invited interested organisations to make submissions, again opening the consultation process to wider society. The interview of Justice Mogoeng was no doubt the longest, most transparent and most robust ever undertaken by a candidate for Chief Justice or for any other public position in the history of this young democracy.

It may have even scared many candidates for public office, who feel this may be the next route to follow! We can proudly say that we saw democracy at play in a most unprecedented and progressive manner, and this was a great achievement for our country. Chief Justice Mogoeng brings to the position 14 years of experience as a judge.

He has served as a judge of the North West High Court, a Judge of the Labour Appeal Court, Judge President of the North West High Court and was appointed to the Constitutional Court in 2009.

I will not say more as by now you know almost everything about him after that marathon interview! We congratulate the Chief Justice and thank him for availing himself for national duty.

We also take this opportunity to register our high regard for Chief Justice Mogoeng, for the dignified manner in which he responded to the spirited public commentary on his candidature. Chief Justice, you maintained a dignified silence, and only responded to the criticisms at the correct forum, the JSC.

In that way, you protected the integrity of the Constitutional Court and of the judiciary. The judiciary should not be part of mudslinging and other public spats that happen from time to time in society. We also thank your family for supporting you during the difficult few weeks of intense public scrutiny.

As the Chief Justice takes office today, let me reiterate our firm belief in the separation of powers and the independence of the judiciary. This principle is one of the hallmarks of our democracy. We hold our judiciary in very high regard. We respect our courts and their role as independent arbiters in disputes and as dispensers of justice. This tradition and convention keeps the fabric of our democracy intact. 

We trust that the decorum that we accord the judiciary and the Office of the Chief Justice will be restored now that the public consultation process has been concluded. The Chief Justice assumes office during a period when there is general optimism and renewed hope, especially within the judicial and legal sector, that the initiatives undertaken jointly by the executive and the judiciary in recent times, will accelerate the pace of judicial reform.

I am advised that progress is being made with regard to the Constitution Seventeenth Amendment Bill and the Superior Courts Bill. These Bills have been subject of a protracted debate for the past 14 years. 

The Constitution Seventeenth Amendment Bill, among others, introduces far reaching principles that affirm the Chief Justice as the head of the judiciary who must assume responsibility for the effectiveness and efficiency of the judiciary in its entirety, including the Lower Courts.

It is now imperative to reach finality on the outstanding reforms brought about by these Bills. This is one of the priorities that await the Chief Justice as he enters his office today.

As the Executive we are pleased that the Chief Justice has already identified a number of areas that need strengthening, such as improving the case management system and the general functioning of the courts to improve access to justice for all, especially the poor. We will provide support as the executive to make this transformative mission a success.

As we welcome Chief Justice Mogoeng, we also pay tribute to former Chief Justice Ngcobo. He made remarkable progress with regard to introducing systems and taking forward the general transformation of the judicial sector, in the 18 months that he spent at the helm of the judiciary. He and his predecessors have laid a good foundation for the Chief Justice to take forward.

Let me also take this opportunity to extend my gratitude to Deputy Chief Justice Moseneke for providing much needed leadership to the judiciary during the period of the position being vacant. The Deputy Chief Justice rose above the clamour and put the interest of the judiciary and the country first.

Both the Chief Justice and his Deputy give us confidence that our judiciary is indeed in good hands. We extend hearty congratulations to the Chief Justice and wish you well as you lead the judiciary and provide guidance to this important arm of the State.

I thank you.

Issued by The Presidency, September 8 2011

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