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Chief Justice files appeal against JSC ruling

Wikipedia


The Chief Justice, Mogoeng Mogoeng has filed his appeal against the decision of the Judicial Conduct Committee to sanction him over his comments on the conflict between Israel and Palestine.

The JSC had ordered the Chief Justice to apologise for his remarks made during a webinar last year, following complaints from several organisations, Africa4Palestine, SABDS Coalition, and the Women’s Cultural Group.

Outlining his grounds for appeal, the Chief Justice said that the decision by Justice Phineas Mojapelo was “flawed and disturbingly superficial.”

He acknowledged that this was a “serious assertion to make about the work of a colleague”, but Justice Mogoeng said that “decisions must not be made on non-existent laws or policies.”

“Wholly unmeritorious allegations that border on suspicion or speculation may not be relied on at all, worse still without any attempt at justification,” the Chief Justice said.

He said Justice Mojapelo had “misdirected himself in a material respect by finding that these complaints are not about, meaning that they do not implicate the constitutional rights to freedom of religion, thought, opinion and freedom of expression.”