STATEMENT FROM THE WITS SCHOOL OF LAW

The School of Law at the University of the Witwatersrand notes with great concern that it has been included in a list of organisations within the legal fraternity apparently opposed to the nomination of Justice Mogoeng to the position of Chief Justice.

This list appears in the submission by the Democratic Alliance (DA) to the President of South Africa regarding said nomination.

The inclusion of the Wits School of Law is a misrepresentation of the submission sent to the Judicial Service Commission (JSC) by some staff members within the School. To correct the impression created by the DA submission:

-The submission did not emanate from the School of Law, but from certain staff members of the School. They signed in their individual capacities at the bottom of the submission. In fact, the submission clearly states that it is from certain members of staff at the School of Law, rather than the institution of the School of Law.

-The submission expressly did not oppose the nomination of Justice Mogoeng, but expressed concerns about some of his judgments relating to gender based violence. The purpose of the submission was to request the JSC to pose certain questions to Justice Mogoeng, given that he had the right to defend or explain himself at the hearing in respect of these concerns. In this respect, to characterise the submission as mere opposition to the nomination is a misrepresentation.

The Wits School of Law has over an extended period built, and continues to build, a reputation as South Africa's premier centre for legal education. This reputation has been built on, among other things, a commitment to academic freedom and public engagement. The School, therefore, encourages its staff to have their say on issues of public interest and national importance. One of the ways in which this is done is by making submissions to various public participation processes and institutions. However, in supporting such activities the School is careful not to have activities pursued by staff in their individual capacities imputed to the School or the wider university community.

The School takes this position in order to safeguard precious academic space that must always be welcoming of different views and interests. As a School, we are proud of our hard-earned reputation, as we are proud of the diversity of our community of staff and students. Given this, we believe it would be wrong to align the name of the School with one particular position or set of views - on any issue - where many different views may and do, in fact, exist. The Wits School of Law values and promotes critical inquiry and a diversity of viewpoints. In doing so, it accepts that no one set of views can purport to represent all views of members of our university community, or those of the School as a body.

Statement issued by Prof. Mtende Mhango, Acting Head of the School of Law, and Prof. Cathi Albertyn, University of the Witwatersrand, Johannesburg, September 9 2011

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