/ 4 November 2013

Moseneke steps in as interim chief justice

Moseneke Steps In As Interim Chief Justice

The Constitutional Court said on Monday that Deputy Chief Justice Dikgang Moseneke has been appointed as acting chief justice while Chief Justice Mogoeng Mogoeng is away on long leave.

"Chief Justice Mogoeng Mogoeng is on long leave for the fourth term of 2013 and the first term of 2014," the Constitutional Court said in a statement.

President Jacob Zuma had also appointed Judge Thembile Skweyiya as acting deputy chief justice for the period.

Judge Nonkosi Mhlantla, of the Supreme Court of Appeal, and Judge Nambitha Dambuza, of the Eastern Cape High Court, had been appointed as acting justices of the Constitutional Court.

Judge Johann van der Westhuizen would be absent for a portion of the term to undergo a medical procedure, the court said.

Bid to impeach
In September a bid to impeach Chief Justice Mogoeng Mogoeng was dismissed, the Judicial Conduct Committee said. The complaint against him was brought by Institute for Accountability in Southern Africa director Paul Hoffman, SC.

A panel of two members decided that the complaint, which related to a speech Mogoeng made in July, should be dismissed in terms of section 15 (2) of the Judicial Service Commission Act, which related to the judicial code of conduct.

The complaint included allegations of contempt of court and attempting to defeat the ends of justice, which could be construed as gross misconduct. The institute said this could be grounds to justify Mogoeng's impeachment.

In his speech, Mogoeng questioned critics who complained when a white male candidate was not recommended for appointment to the Bench, while those who were appointed were described as "executive toys".

The Constitutional Court has not elaborated about any reasons for Mogoeng's long leave. – Sapa