On 20 August 2011 the Judicial Services Commission (“JSC”) resolved to interview the President’s nominee for the position of Chief Justice, Justice Mogoeng Mogoeng, and to invite relevant stakeholders, including the National Association of Democratic Lawyers (NADEL), to make submissions on his suitability for the position.
NADEL is committed to the promotion of the values enshrined in the Constitution of the Republic of South Africa within the legal profession, judicial system and society at large.
NADEL’s Constitution is aimed toward the realisation of the goals and objectives as set out in the Constitution in particular to meaningfully and assiduously strive for a truly democratic and just society, free from oppression and exploitation; and combat and prevent all instances of injustice, malpractice and unfair discriminatory practices based on race, colour or creed.”
NADEL raise a number of serious concerns by Mogoeng J’s record regarding his commitment to the espousal of foundational values of the Constitution, his knowledge and appreciation of the nature and reality of domestic violence and sexual assault, his seemingly sexist views of women’s rights within the home and his role as an Apartheid prosecutor.
NADEL feels strongly that under the circumstances Justice Mogoeng Mogoeng’s appointment as Chief Justice, in light of the importance of the position and its requirements, is not recommended.
Source: Constitutionally Speaking
The National Association of Democratic Lawyers (NADEL) is a voluntary organisation of progressive lawyers and a significant stakeholder in the South African legal profession. Its primary goal is a legal and judicial system that realises access to justice for disadvantaged people, fosters the rule of law and constitutional values.
NADEL was founded in 1987 by among others, the late Adv Dullah Omar, who became the first Minister of Justice in our democratic South Africa, Chief Justice Pius Langa and Deputy Chief Justice Dikgang Moseneke.
NADEL membership comprises members of the legal profession including attorneys, advocates, academics, legal advisors, paralegals and law students. Most members are private practitioners who have traditionally serviced working class and poor communities and who practise primarily in the areas of human rights, gender and access to justice.
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