Mogoeng ordered to apologise for his remarks about Israel

• Former chief justice ‘involved in political controversy’

The Judicial Conduct Appeals Committee has ordered former chief justice Mogoeng Mogoeng to apologise unconditionally for becoming involved in political controversy.

Mogoeng was criticised for comments that led to a formal complaint from Africa 4 Palestine‚ SABDS Coalition and Women’s Cultural Group.

The Judicial Conduct Committee‚ which heard the complaint in April last year, found Mogoeng guilty and ordered him to apologise unconditionally for his remarks about his love for the Jewish people‚ for Israel and the state of Israel.

The Judicial Conduct Appeals Committee said in a statement on Thursday night that it had ruled in a majority decision that Mogoeng breached the code of judicial conduct in that he‚ through his utterances‚ “involved himself in political controversy. The committee further found that Mogoeng breached the code of judicial conduct in that he was involved in extrajudicial activities, which are incompatible with the confidence in and the impartiality of judges”, the appeals committee said in the statement.

As a result‚ the appeals committee ruled that Mogoeng must issue an “unconditional apology for becoming involved in political controversy through his utterances at the online seminar (webinar) hosted by the Jerusalem Post on June 23 2020”.

“A copy of the apology must be released by Mogoeng to the office of the chief justice and the media within 10 days of this decision‚” said the appeals committee.

The offence stems from a webinar in June 2020‚ when the moderator‚ editor-in-chief of the newspaper‚ Yakoov Katz‚ asked Mogoeng about his love for the Jewish people‚ for Israel‚ for the state of Israel and his thoughts on the tense diplomatic relations between SA and Israel. Mogoeng said he was under an obligation as a Christian to love Israel‚ to pray for the peace of Jerusalem which actually means the peace of Israel.

Citing Biblical scripture‚ he said: “The first verse I give is in Psalms 122‚ verse 6‚ which says: ‘Pray for the peace of Jerusalem‚ they shall prosper that love thee‚’” Mogoeng said. “Also Genesis 12‚ verses 1 to 3‚ says to me as a Christian‚ if I curse Abraham and Israel‚ the Almighty God will curse me too. And I cannot as a Christian do anything other than love and pray for Israel because I know hatred for Israel by me and for my nation will‚ can only attract unprecedented curses upon our nation.”

The three organisations complained primarily that Mogoeng committed wilful or grossly negligent breaches of the code of judicial conduct in that he had become involved in political controversy or activity.

The other complaint was that he involved himself in extrajudicial activities.