NADEL do not recommend Justice Mogoeng

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.

Call for better complaint mechanism for judges

The Ministry of Justice needs to speed up the formation of an appropriate complaints mechanism dealing with judges, the National Association of Democratic Lawyers (Nadel) said on Tuesday. This follows the controversy surrounding Cape Judge President John Hlophe.

The complaints mechanism should cover procedure to be followed and appropriate sanction in case of adverse findings. "Inasmuch as this matter leads to emotions, it is actually the time for reflection and to drawing of serious lessons from it. We can hardly afford the creation of an environment that discredits the judiciary, a fundamental pillar of our Constitution and democracy," said Nadel general secretary Xolani Boqwana in a statement. He said the commentary around the matter had put tremendous stress on the judiciary and the organised legal profession.

It had undermined democratic and constitutional institutions, in particular the Judicial Services Commission (JSC), it called into question the integrity and credibility of the chief justice, who presides over the JSC, and polarised the judiciary and the legal profession along racial lines. It had undermined transformation of these institutions, which depend on unity for progress. "The actions of Judge President Hlophe, as pronounced by the [the] JSC, proves that the judges are fallible and in the absence of an appropriate complaint mechanism, dealing with judges speedily and appropriately, the JSC will always be put in an invidious position, as in this case."

Nadel said it was inappropriate for judges and members of the legal profession to act or comment in a manner that undermined the judicial process. The JSC's pronouncement should be respected and it is the responsibility of lawyers and judges to ensure that the rule of law is respected. "These people cannot in the forum of the media tear down the integrity of the institutions bestowed with the responsibility of protecting and enhancing the rule of law."

On October 4 the JSC found that there was not enough evidence to proceed with a public inquiry relating to payments Hlophe received from a company, Oasis, and that impeachment proceedings would not be brought against him. However, the commission found that it was inappropriate for Hlophe to have given permission to Oasis to sue fellow Cape Judge Siraj Desai without disclosing his relationship with the company making the application.

The commission has been investigating complaints laid by Cape Town Advocate Peter Hazell against Hlophe after it emerged that the Cape judge president had been on a monthly retainer at Oasis Group Holdings and that he had, between 2002 and 2005, received R500 000 in fees from the company. The finding was described by some political parties as a "slap on the wrist" and retired Judge Johan Kriegler wrote in a newspaper that Hlophe was not fit to be a judge.

Following Kriegler's comments, nine senior advocates from the Cape Bar, some of them former acting judges, publicly called on Hlophe to quit. The move by Kriegler and the advocates drew adverse comment from the Black Lawyers' Association.

Source: Mail & Guardian

Mandela's push for women

President Nelson Mandela's office has intervened in the selection of Land Claims Court judges in a bid to include women on the shortlist of nominees. Presidential spokesman Parks Mankahlana confirmed this week that the office would be asking the Judicial Services Commission to discuss new candidates, despite the fact that public hearings to select candidates are over, and the JSC has already sent a shortlist of five names -- all men -- to the President.

This move by the President's office was prompted by the National Association of Democratic Lawyers (Nadel) and supported by a number of NGOs involved with land issues. Nadel complained bitterly last week that there were no women on the JSC's short-list, and then compiled its own list of women candidates which it sent to the President's office.

The JSC defended its own all-male list, saying that only one woman had been nominated for the position of judge, despite extensive advertising in all national newspapers. She dropped out near the end of the selection process.

Source: Mail & Guardian