Mogoeng impeachment inquiry unlikely - Judges Matter
Advocacy group Judges Matter says it’s unlikely that the Judicial Service Commission will consider an impeachment inquiry into former chief justice
This comes after Former Western Cape judge president John Hlophe accused Mogoeng of conducting himself improperly and unlawfully in handling Deputy Judge President Patricia Goliath's complaint against him.
The SABC reported that Hlophe claims, among other things, that the former chief justice had a private conversation with Goliath, in his absence, over the matter and, after that, presided over the same allegations and his subsequent counter-complaint in a manner that was inconsistent with his oath of office.
The Judicial Service Commission's conduct committee advised an impeachment inquiry into Mogoeng.
"The complaint that was filed against him by former Judge Hlophe relates to an incident that occurred in 2020, and already former Judge Hlophe filed two complaints against Judge Goliath and Judge Mogoeng," said Judges Matter researcher Mbekezeli Benjamin.
"In the Judge Goliath case, the JSC had recommended that a tribunal be established, but when it got to the Judicial Service Commission, it dismissed that recommendation and refused to establish a tribunal.
"That's because the JSC found that there was insufficient justification for a tribunal and that the JSC had actually not examined the evidence properly for it to come to the conclusion that an impeachment tribunal was necessary.
"So in this case, they are also likely to arrive at the same conclusion because the complaints relate to the same set of facts, and both the complaint against Judge Mogoeng and Judge Goliath were brought by former Judge Hlophe in what looks like retaliation against a complaint that Judge Goliath had filed against Hlophe.
"So the likelihood is that this complaint is unlikely to go to an impeachment tribunal. It is more likely to be dismissed,” he added.
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