/ 17 January 2008

ANC does about-turn over Moseneke comments

The African National Congress (ANC) on Thursday made an about turn on its earlier concerns over comments made by Deputy Chief Justice Dikgang Moseneke, issuing a statement confirming its confidence in the integrity of the courts.

”Having listened to Justice Moseneke’s account of his speech and the context of his remarks, the ANC accepts that no ill was intended,” an ANC statement said.

Earlier this week, the ANC had complained that comments made at Moseneke’s birthday party had shown disdain for its delegates to the ANC national conference in December last year.

However, it now said that the party confirmed its confidence in the integrity of the deputy chief justice ”and reaffirms its confidence in the courts to uphold the law and safeguard the rights of all citizens”.

This followed a meeting between ANC deputy president Kgalema Motlanthe, Chief Justice Pius Langa and Moseneke.

Moseneke was quoted in the Sunday Times as saying: ”I chose this job very carefully. I have another 10 to 12 years on the bench and I want to use my energy to help create an equal society. It’s not what the ANC wants or what the delegates want; it is about what is good for our people.”

The ANC released a statement on Tuesday reporting that its national working committee felt that Moseneke’s comments showed disdain for delegates to the ANC national conference.

The statement said the comments highlighted the difficulty the judiciary ”appears to have in shedding its historical leanings and political orientation”.

Moseneke said in a statement: ”On that private occasion, I made a wide-ranging statement on my personal journey and public life thus far.

”The statement lasted approximately 12 to 15 minutes. With reference to my appointment to the bench, I said that it is a privilege which I considered very carefully before accepting and that I had another 10 to 12 years on the bench and wanted to use my energy to help create an equal society, something I had fought for, and will continue to do so, for the rest of my life.

”Talking in the context of social justice and equality required by our constitutional democracy, I emphasised that we must all strive to achieve what is good for all our people. There is nothing in what I said which is inconsistent with my responsibility as a judge and as a citizen.

”In a statement to be issued today [Thursday], the ANC accepts that, understood in its proper context, no ill was intended by the statement I made concerning the ANC.

”I welcome the statement of retraction to be issued by the ANC as well as its expression of confidence in my integrity and the confidence of the ANC in the courts of our country to uphold the law and to safeguard the rights of all citizens.

”We will all do well to remember that in our constitutional democracy, underpinned by the will of the people and the rule of law, judges are not answerable to any political or other organisation, but are answerable to the will of the people as expressed and formalised in the Constitution and the laws of the Republic.”

”In conclusion, I reaffirm my commitment, to serve with integrity, as I did in the past, in the judiciary of our country, subject only to the Constitution and the law which I must and will continue to apply impartially and without fear, favour or prejudice.” — Sapa