JSC deliberates on impeachment complaint against ex-Chief Justice Mogoeng Mogoeng

The Judicial Service Commission (JSC) met on Thursday to deliberate on a formal complaint lodged against former Chief Justice Mogoeng Mogoeng.

The complaint was filed by impeached Western Cape Judge President John Hlophe in 2023, accusing Mogoeng of violating his oath of office by encouraging then Deputy Judge President Patricia Goliath to file a misconduct complaint against him.

Hlophe alleges that Mogoeng’s actions were unethical and that he should face impeachment for his role in the matter. If the JSC upholds the recommendation of the Judicial Conduct Tribunal, Mogoeng could become the first Chief Justice in South African history to face impeachment proceedings.

Mogoeng Mogoeng

Hlophe’s Complaint Against Mogoeng

Hlophe, who was impeached in 2023, claims that Mogoeng had a private meeting with Judge Goliath, during which he allegedly influenced her decision to file a misconduct complaint against him.

This complaint eventually led to Hlophe’s downfall, as he was found guilty of attempting to influence Constitutional Court justices in 2008 regarding a ruling related to former President Jacob Zuma.

Now, Hlophe wants Mogoeng to face the same fate, arguing that the former Chief Justice’s actions were biased and dishonest. He insists that Mogoeng should have recused himself from the matter, instead of presiding over it after allegedly encouraging Goliath’s complaint.

Hlophe accuses Mogoeng of:

• Violating his oath of office by interfering in the complaint process.

• Being dishonest and concealing the extent of his involvement.

• Acting improperly by influencing Judge Goliath’s decision.

Judicial Conduct Tribunal’s Findings

In October 2024, the Judicial Conduct Tribunal investigated Hlophe’s claims and ultimately recommended that Mogoeng face an impeachment inquiry.

This was a major development, as it suggested that Mogoeng’s actions warrant further scrutiny and could lead to serious consequences.

The JSC is now tasked with reviewing the tribunal’s findings and deciding whether to endorse the impeachment inquiry.

Potential Implications for Mogoeng Mogoeng

If the JSC accepts the tribunal’s recommendation, Mogoeng would become the first Chief Justice in South Africa to face impeachment proceedings.

This could have far-reaching consequences for the country’s judiciary, as it would set a precedent for holding even the highest-ranking judges accountable.

Mogoeng, who served as Chief Justice from 2011 to 2021, has remained a controversial figure due to his outspoken views on various issues, including religion and politics.

Public Reaction and Legal Opinions

The case has sparked divided opinions within South Africa’s legal and political circles.

Some legal experts argue that:

• The complaint against Mogoeng lacks merit and is an attempt by Hlophe to retaliate after his own impeachment.

• Mogoeng’s alleged actions do not constitute grounds for impeachment, as he was merely advising Judge Goliath.

Others believe that:

• The JSC should thoroughly investigate the claims to ensure the integrity of the judiciary.

• If Mogoeng is found guilty of misconduct, he should be held accountable like any other judge.

JSC’s Decision Still Pending

As of now, the JSC has not made a final decision on whether to move forward with the impeachment process against Mogoeng.

However, if the commission endorses the tribunal’s recommendation, it could lead to a historic impeachment inquiry that would further shake South Africa’s judiciary.

With the stakes high and public interest growing, the JSC’s ruling will be closely watched as South Africa grapples with issues of judicial accountability and ethics.