Ex-South African Justice Must Apologize for Pro-Israel Comments, Panel Rules
A South African judicial panel has ordered former chief justice Mogoeng Mogoeng to issue a public apology within 10 days for comments criticizing his government’s hostile stance towards Israel, dismissing his appeal of a ruling last year.
In a statement released Thursday, the Judicial Conduct Appeals Committee directed Mogoeng to issue an “unconditional apology for becoming involved in political controversy,” over comments made at a 2020 online seminar.
South Africa’s Judicial Service Commission (JSC) — which investigates complaints made against judges — found against Mogoeng in March 2021,, when he was still serving as chief justice, for misconduct during the seminar, in which he appeared alongside South African Chief Rabbi Warren Goldstein.
Among other remarks, Mogoeng invoked his Christian faith as a source for his “love” of Israel, and criticized the South African government for maintaining close ties with the country’s former colonizers yet still frequently attacking the Jewish state.
“Did Israel take away our land or the land of Africa? Did Israel take our mineral wealth? We’ve got to move from a position of principle here,” Mogoeng declared at one point during the seminar, which was hosted by the Jerusalem Post.
Thursday’s decision by Judges Dumisani Zondi and Nambitha Dambuza found that Mogoeng had been “involved in extra-judicial activities which are incompatible with the confidence in and the impartiality of judges,” citing South Africa’s Code of Judicial Conduct.
In a minority opinion, Judge Margaret Victor said she would have set aside the judgement against Mogoeng and upheld his appeal, which invoked his constitutional rights to freedom of religion and expression.
Mogoeng, who served as chief justice until October 2021, has so far refused to apologize, telling a prayer meeting after the committee ruling last year that his comments on Israel were a matter of faith.
“I respect the law. I will not defy the law,” he said. “But if it does come to the point where I am forced to do the abominable, or I am forced to reject God, then I would rather be without money, be without any position. I will never refuse to obey the Lord.”
“If I get to the point where there is a judgment that says, ‘You must say you hate Israel and the Jews’, I would rather cease to be Chief Justice,” he continued. “If I get to the point where they say, ‘Mogoeng, you must say you hate the Palestinians and Palestine,’ I would rather cease to be Chief Justice than to do it, because my God has instructed me to love and not to hate. I hate evil deeds, I don’t hate anybody.”
The complaint against Mogoeng was lodged by the groups Africa4Palestine, the South Africa BDS Coalition, and the Women’s Cultural Group.