Parties query Zuma's choice of chief justice

CONTROVERSY has erupted around President Jacob Zuma's nomination of constitutional judge Mogoeng Mogoeng as the country's new chief Justice.

Yesterday Zuma announced Mogoeng as his "preferred candidate for the position of Chief Justice of South Africa". Constitutionally Zuma has to consult with the Judicial Service Commission and leaders of the parties represented in the National Assembly.

Political parties have questioned Mogoeng's nomination, arguing that there are more experienced candidates. One of the experienced candidates is Deputy Chief Justice Dikgang Moseneke.

Unlike Mogoeng, who was appointed a Constitutional Court judge in 2009, Moseneke became a constitutional judge in 2002. He was appointed deputy chief justice in 2005.

UDM leader Bantu Holomisa said: "After carrying out a brief background check on the proposed nominee, I discovered two things.

"The nominee seems to lack pertinent Constitutional Court experience and appears controversial, to say the least. I doubt if it would do justice to the process if I were to support his nomination."

IFP MP Koos van der Merwe described Mogoeng's appointment as a surprise.

"Judge Mogoeng Mogoeng is a relatively junior judge in comparison to many other more senior judges who have been on the bench for many years. One would have expected a far more senior judge to have been afforded the opportunity to occupy the most powerful position in the judiciary," Van der Merwe said.

Yesterday, DA leader Helen Zille said the party would discuss the matter internally before making a comment.

"The DA will now carefully consider the track record, jurisprudence, and past commitment to the independence of the judiciary of Mr Justice Mogoeng. In addition, given the proposed expanded functions and office of the chief justice within the new legislative framework of our courts, any nominee for the position will need to have clearly displayed superior administrative and financial skills in his or her career."

In 2009 the DA asked Mogoeng to be removed from the list of proposed Constitutional Court judges. The party argued that although Mogoeng had written judgments with constitutional ramifications, he was largely a labour law expert who previously served in the Labour Court.

However, both the ANC and Azapo have come out in support of Mogoeng. Azapo president Jake Dikobo said although his party initially preferred Moseneke, they were happy with Mogoeng.