Mogoeng Mogoeng

{{Short description|Chief Justice of South Africa}} {{Use dmy dates|date=July 2022}} {{Use South African English|date=October 2019}} {{Infobox officeholder | honorific_prefix = The Honourable | name = Mogoeng Mogoeng | honorific_suffix = | image = Mogoeng Mogoeng.png | caption = | office = 21st Chief Justice of South Africa | term_start = 8 September 2011 | term_end = 11 October 2021 | nominator = | appointer = Jacob Zuma | predecessor = Sandile Ngcobo | successor = Ray Zondo | deputy = {{Ublist|Dikgang Moseneke|Bess Nkabinde (acting)|Raymond Zondo}} | office2 = Justice of the Constitutional Court of South Africa | term_start2 = October 2009 | term_end2 = 11 October 2021 | appointer2 = Jacob Zuma | office3 = Chancellor of the University of KwaZulu-Natal | 1blankname3 = Vice-Chancellor | 1namedata3 = Nana Poku | term_start3 = 7 August 2017 | term_end3 = 1 April 2021<ref>{{Cite web|url=https://www.news24.com/amp/witness/news/kzn/chief-justice-mogoeng-steps-down-as-ukzns-chancellor-20210401|title=Chief Justice Mogoeng steps down as UKZN's chancellor}}</ref> | predecessor3 = Zweli Mkhize | successor3 = Reuel Jethro Khoza | office4 = Judge President of the North West High Court | term_start4 = October 2002 | term_end4 = October 2009 | nominator4 = | appointer4 = Thabo Mbeki | successor4 = Monica Leeuw | office5 = Judge of the North West High Court | term_start5 = June 1997 | term_end5 = October 2009 | nominator5 = | appointer5 = Nelson Mandela | birth_date = {{Birth date and age|df=yes|1961|01|14}} | birth_place = Zeerust, Union of South Africa | death_date = | death_place = | resting_place = | resting_place_coordinates = | birth_name = | party = | other_party = | spouse = Mmaphefo Mogoeng | partner = | relations = | children = 3 | alma_mater = University of Zululand (BJuris)<br>University of Natal (LLB)<br>University of South Africa (LLM) | occupation = | profession = | signature = | website = | footnotes = }} '''Mogoeng Thomas Reetsang Mogoeng''' (born 14 January 1961) is a South African jurist who served as the Chief Justice of South Africa from 8 September 2011 until his retirement on 11 October 2021.<ref name=":1">{{Cite web|url = http://www.constitutionalcourt.org.za/site/judges/justicemogoengmogoeng/index1.html|title = Profile: Justice Mogoeng Mogoeng|website = Constitutional Court of South Africa}}</ref><ref name=whoswho/><ref name=oxtoby/>

==Early life== Mogoeng was born on 14 January 1961 in Goo-Mokgatha (Koffiekraal) village near Zeerust in the North West Province.<ref name=oxtoby/> His father was a miner and his mother a domestic worker.<ref name=":0">{{Cite web|url = http://www.historicalpapers.wits.ac.za/inventories/inv_pdfo/AG3368/AG3368-M57-001-jpeg.pdf|title = Constitutional Court Oral History Project: Mogoeng Mogoeng|date = 2 February 2012}}</ref> Mogoeng became politically active at high school, from which he was briefly suspended for organising a memorial to the victims of the Soweto uprising.<ref name=":0" />

Mogoeng received a B.Juris in 1983 from the University of Zululand and a Bachelor of Laws in 1985 from the University of Natal.<ref name=":1" /> There he had been active in the Azanian Students' Movement during a time of grave repression by the SADF.<ref name=":0" /> From 1985 he worked for the government of Bophuthatswana as a High Court prosecutor in Mahikeng;<ref name=":1" /> though working for a bantustan was stigmatised, Mogoeng was obliged to do so for five years to repay his government bursary.<ref name=":0" /> He obtained a Master of Laws by correspondence from the University of South Africa in 1989.<ref name=":1" />

Mogoeng left Bophuthatswana's civil service the following year to begin practice as an advocate.<ref name=":1" /> After a short period at the Johannesburg Bar, Mogoeng returned to Mahikeng, where he practiced for six years.<ref name="whoswho" /> He was the chair of Lawyers for Human Rights' Bophuthatswana chapter and a part-time lecturer at the University of Bophuthatswana (now North-West University).<ref name=":1" /><ref name=":0" />

==Judicial career== In 1997, Mogoeng accepted an appointment to the North West High Court, though he had felt initially that he was too inexperienced to be made a judge.<ref name=":0" /><ref name="mg2011" /> He became a judge of the Labour Appeal Court in 2000 and the Judge President of the North West High Court in 2002.<ref name=":1" /> In October 2009, in President Jacob Zuma's first raft of judicial appointments, Mogoeng was elevated to the highest court in South Africa, its Constitutional Court.<ref name=":1" /> He was appointed simultaneously with Chris Jafta, Sisi Khampepe and Johan Froneman.<ref name="oxtoby" />

=== Nomination as Chief Justice === Less than two years later, in mid-2011, Mogoeng was nominated for appointment as Chief Justice. Mogoeng's nomination was extremely controversial, drawing strong criticism from across the political spectrum, including from within President Zuma's own Tripartite Alliance, as well as from the press, local and international civic organizations, legal academics and bar councils.<ref name=Hawker/><ref name=NewAge/> [[File:Moseneke.jpg|thumb|left|150px|Deputy Chief Justice Dikgang Moseneke, Mogoeng's perceived rival.]] Mogoeng was one of the Constitutional Court's most junior members, having been appointed to it less than two years earlier, and having been a relative unknown at one of the smallest High Court divisions prior to that.<ref name=oxtoby/><ref name=PCHR/> Besides his general lack of reported judgments, critics noted that he had failed to recuse himself in ''S v Dube'',<ref name="Dube" /> a case where his wife had appeared as the state prosecutor.<ref name="Hawker" /><ref name="NewAge" />

In addition, Mogoeng was nominated ahead of the expected appointee, Dikgang Moseneke, who had served the Constitutional Court for nine years and as Deputy Chief Justice for six.<ref name="NewAge" /><ref name="AZAPO" /> Moseneke had already been overlooked once before, when Sandile Ngcobo was appointed Chief Justice, and his second snubbing was attributed to his Pan Africanist Congress background and remarks at a social occasion distancing himself from the ruling African National Congress (ANC).<ref name="calland" /> Mogoeng's own meteoric rise under the Zuma administration raised concerns about his independence.<ref name="PCHR" /><ref name="grootes" /><ref name="DeVos" /> His nomination ahead of Moseneke reminded many of the notorious supersession by L. C. Steyn, a National Party favourite, of Oliver Schreiner.<ref name="PCHR" /><ref name="grootes2" /> Finally, whereas Moseneke had been active in the struggle against apartheid, COSATU said it was concerning that Mogoeng had been a prosecutor for a bantustan.<ref name="cosatu" /><ref name="vegter" />

But the most widespread concerns were about Mogoeng's judgments in rape and gender-violence cases.<ref name="Hawker" /><ref name="cosatu" /><ref name="vegter" /><ref name="rawoot" /><ref name="Kinama" /><ref name="Scotsman" /> The Nobel Women's Initiative accused Mogoeng of invoking dangerous myths about rape and of victim-blaming.<ref name="nobel" /> Of the many judgments cited by critics in which Mogoeng had been lenient on rapists and domestic assailants, three were emphasised. In ''State v Sebaeng,'' Mogoeng reduced the sentence of a child rapist on the basis that he had been non-violent and indeed "tender" in raping the victim.<ref name="sebaeng" /> The 2005 case of ''State v Moipolai'' involved the rape of a pregnant woman by her long-term boyfriend. Despite several aggravating factors, Mogoeng reduced the man's sentence from ten years' imprisonment to five because the rape was, he said, not as serious as if a stranger had committed it.<ref name="moipolai" /> Finally, in ''State v Mathebe'', Mogoeng reduced the sentence, from two years' imprisonment to a fine of R4,000, of a man who had tied his girlfriend to his car and dragged her 50 meters along a dirt road. Mogoeng's explanation was that the man had been "provoked" by the victim. When these three judgments were raised in a BBC interview, Mogoeng compared his judgments in sexual-assault cases to a game of football, saying it would be wrong to call Manchester United a bad team because it loses three matches in a season.<ref name="hardtalk" />

Legal academic Pierre de Vos said Mogoeng was clearly the most conservative member of the Constitutional Court.<ref name="DeVos" /><ref name="DeVos2" /> He pointed to Mogoeng's ambivalence over gay rights – in ''Le Roux v Dey'' Mogoeng dissented, without giving reasons, from paragraphs which said it was not defamatory to call someone gay – and to his dissenting judgment in ''The Citizen v Robert McBride'',<ref name="McBride" /> which would severely restrict freedom of expression.

===Interview and appointment=== Moseneke, as the country's Acting Chief Justice pending a permanent appointment, chaired the Judicial Service Commission (JSC) when it interviewed Mogoeng to determine his suitability. Mogoeng seemed prickly throughout, having to apologize to Moseneke for lashing out at one of his questions.<ref name=interview/> In response, one commissioner told Mogoeng he seemed "arrogant" and unsuited to the position.<ref name=tolsitb>{{cite web|url=https://mg.co.za/article/2013-10-17-applause-for-mogoengs-judicial-cadenza|first=Niren|last=Tolsi|title=Applause for Mogoeng's judicial cadenza|date=18 October 2013}}</ref> Commentators said that Mogoeng's conduct at the interview heightened concerns about his judicial temperament.<ref name="ngopress" /> Mogoeng's own view was that he had been "rock solid" at his interview.<ref name=":0" />

Mogoeng's appointment was recommended by the JSC and confirmed by President Zuma on 8 September 2011.<ref name=cohen/> The JSC's decision to appoint Mogoeng, despite his many critics, coupled with the partisan conduct of the JSC's political appointees during his interview, suggested to some that the JSC had been captured by political interests.<ref name=ngopress/><ref name=naidoo/><ref name=khadalie/>

==Record as Chief Justice==

=== Separation of powers === Criticism of Mogoeng's suitability, and of his close ties with the Zuma administration, continued well after his appointment.<ref name=calland/> But he has been defended by highly respected colleagues, like Kate O'Regan<ref name="calland" /> and Edwin Cameron, who described him as a man "of serious purpose, deeply committed to the Constitution",<ref>{{Cite web|title = Cameron and the caring state|url = https://mg.co.za/article/2014-10-31-00-cameron-and-the-caring-state|access-date = 21 July 2015|first = Niren|last = Tolsi|date = 31 October 2014|website = Mail & Guardian}}</ref> and is now widely thought to have dispelled suspicions that he would be an executive-minded Chief Justice.<ref name="tolsitb" /><ref name=":5" /><ref name=":6" /><ref name=":7" /><ref>{{Cite web|url=https://www.dailymaverick.co.za/opinionista/2016-04-12-mogoeng-mogoeng-paid-the-black-professional-price/#.VwzlgvkrJD8|title=Mogoeng Mogoeng paid the black professional price|last=Sewiya|first=Rulani|date=12 April 2016|website=www.dailymaverick.co.za|access-date=12 April 2016}}</ref><ref>{{Cite news|url=https://mg.co.za/article/2016-04-14-mogoeng-from-pariah-to-saviour|title=Mogoeng, from pariah to saviour|last=Tolsi|first=Niren|work=The M&G Online|access-date=22 June 2017|language=en}}</ref>[[File:ConstitutionalCourtofSouthAfrica-table-20070412.jpg|thumb|right|The courtroom of the Constitutional Court of South Africa]]In his public addresses he has been "outspoken" and "forthright".<ref name="quintal2">{{cite web|url=https://mg.co.za/article/2015-06-11-chief-justice-speaks-out-about-sex-smear|first=Angela|last=Quintal|date=12 June 2015|title=Chief justice speaks out about sex smear}}</ref> He has regularly championed judicial independence and deplored interference by the executive.<ref name="stell" /><ref name="iol" /><ref name="benjamin" /><ref name="quintal" /> He has also publicly criticised Minister of Justice Michael Masutha for failing to ensure that the judiciary is autonomous and adequately funded.<ref>{{cite web|title=Mogoeng and Masutha at war |publisher=News24 |date=30 November 2014 |url=http://www.news24.com/Archives/City-Press/Mogoeng-and-Masutha-at-war-20150430 |archive-url=https://web.archive.org/web/20220728201811/https://www.news24.com/News24/Mogoeng-and-Masutha-at-war-20150430 |archive-date=28 July 2022 |url-status=live }}</ref> In June 2015, it emerged that Mogoeng had been the target of two smear campaigns – apparently showing that Mogoeng had, through his outspokenness, "made enemies" in the establishment.<ref name="quintal2" /> The following month, Mogoeng called a meeting of senior judges who released an exceptional press statement "reject[ing]" criticisms of the judiciary made by Gwede Mantashe and Blade Nzimande in the wake of the ANC government's allowing Omar al-Bashir to leave South Africa in contravention of a court order.<ref>{{Cite web|url = http://www.judiciary.org.za/doc/Statement-Issued-By-The-Chief-Justice_8-July-2015.pdf|title = The Judiciary's Commitment to the Rule of Law|date = 8 July 2015|publisher = Office of the Chief Justice}}</ref><ref name=":4">{{Cite news|url = https://www.dailymaverick.co.za/article/2015-07-08-when-judges-of-the-land-said-enough-to-the-anc|title = When judges of the land said Enough! to the ANC|last = Grootes|first = Stephen|date = 8 July 2015|work = Daily Maverick}}</ref> Mogoeng also requested a meeting with President Zuma to discuss the situation,<ref>{{Cite web|title = Chief Justice Mogoeng to meet Zuma over Bashir ruling row|url = http://www.timeslive.co.za/politics/2015/07/09/Chief-Justice-Mogoeng-to-meet-Zuma-over-Bashir-ruling-row|website = Times LIVE|access-date = 17 July 2015|agency = Reuters|date = 9 July 2015}}</ref> which Zuma agreed to three weeks later.<ref>{{Cite web|title = Chief Justice Mogoeng secures date with Zuma|url = http://www.timeslive.co.za/politics/2015/08/04/Chief-Justice-Mogoeng-secures-date-with-Zuma|website = Times LIVE|access-date = 6 August 2015|last = RDM News Wire|date = 4 August 2015}}</ref> Mogoeng was widely praised for his "courageous and principled leadership"<ref name=":6">{{Cite web|title = South Africa must choose between accountability and blind trust|url = https://mg.co.za/article/2015-07-17-south-africa-must-choose-between-accountability-and-blind-trust|access-date = 21 July 2015|last = Serjeant at the Bar|date = 17 July 2015|website = Mail & Guardian}}</ref> and his "efforts to protect the independence of the judiciary".<ref>{{Cite news|url = http://citizen.co.za/424260/chief-justice-gets-new-backing/|title = Chief Justice gets new backing|last = Jadoo|first = Yadhana|date = 14 July 2015|work = The Citizen}}</ref> One commentator even said "Mogoeng's intervention might one day be seen as one of the courageous acts that saved South Africa's budding democracy".<ref name=":4" /> [[File:Jacob Zuma 2014 (cropped).jpg|left|thumb|241x241px|President Jacob Zuma, of whom Mogoeng was widely thought to be an ally when first appointed to the Constitutional Court. But Mogoeng has regularly ruled against Zuma in high-profile cases.]] In 2012, Mogoeng upheld a constitutional challenge by Mario Oriani-Ambrosini, of the minority Inkatha Freedom Party, to rules of Parliament that allowed an individual MP to introduce a Bill only if he or she first obtained the majority's approval.<ref>''Oriani-Ambrosini, MP v Sisulu, MP Speaker of the National Assembly'' [https://www.saflii.org/za/cases/ZACC/2012/27.html (2012) ZACC 27].</ref> Mogoeng also held against the government in the high-profile litigation in ''Helen Suzman Foundation v President''.<ref name=hsf>''Helen Suzman Foundation v President of the Republic of South Africa and Others; Glenister v President of the Republic of South Africa and Others'' [https://www.saflii.org/za/cases/ZACC/2014/32.html (2014) ZACC 32].</ref> His majority judgment struck down several sections of the South African Police Service Amendment Act of 2012 (the so-called Hawks Act) on the basis that they did not constitute an "adequately independent" anti-corruption unit.<ref>{{cite web|url=http://www.heraldlive.co.za/sections-hawks-act-unconstitutional/|title=Sections of Hawks Act unconstitutional|publisher=The Herald|access-date=18 May 2015|date=28 November 2014}}</ref> (Other members of the Court would, however, have gone further, and struck down other sections which Mogoeng upheld.) Mogoeng's Court also found against the government in ''Democratic Alliance v President'' (per Yacoob ADCJ), setting aside President Zuma's highly controversial appointment of Menzi Simelane as National Director of Public Prosecutions.<ref>''Democratic Alliance v President of the Republic of South Africa and Others'', [https://www.saflii.org/za/cases/ZACC/2012/24.html (2012) ZACC 24].</ref> And in October 2014 his Court handed down judgment in ''National Commissioner of the SAPS v SALC'' (per Majiedt AJ) and ordered the South African Police Service to investigate allegations of torture in Zimbabwe committed by and against Zimbabwean nationals.<ref>''National Commissioner of The South African Police Service v Southern African Human Rights Litigation Centre and Another'' [https://www.saflii.org/za/cases/ZACC/2014/30.html (2014) ZACC 30].</ref> This judgment was hailed as a victory for universal jurisdiction.<ref>{{cite web|url=http://africanlegalcentre.org/wayne-ncube-universal-jurisdiction-in-africa-a-step-towards-justice/|title=Universal jurisdiction in Africa: A step towards justice|first=Wayne|last=Ncube|publisher=African Legal Centre|date=9 April 2015}}{{dead link|date=May 2025|bot=medic}}{{cbignore|bot=medic}}</ref> In its wake, one influential columnist said that those who had expected the Constitutional Court to take a pro-executive turn under Mogoeng had been proved wrong.<ref name=":5">{{cite news|url = https://mg.co.za/article/2014-11-13-court-torture-ruling-shows-up-mogoengs-true-colours|title = Court torture ruling shows up Mogoeng's true colours|newspaper = Mail & Guardian|last = Serjeant at the Bar|date = 14 November 2014}}</ref> Finally, in 2016, Mogoeng himself wrote the Court's judgment in ''Economic Freedom Fighters v Speaker of the National Assembly'', which declared that President Zuma had violated the South African Constitution by failing to act on the Public Protector's Nkandla report.<ref>{{Cite web|url = https://www.saflii.org/za/cases/ZACC/2016/11.html|title = Economic Freedom Fighters v Speaker of the National Assembly and Others; Democratic Alliance v Speaker of the National Assembly and Others (CCT 143/15; CCT 171/15) [2016] ZACC 11 (31 March 2016)|website = www.saflii.org|access-date = 31 March 2016}}</ref> Mogoeng's "powerful" and "profound" judgment was hailed as a "triumph for the rule of law", and a major blow to the widely criticised President, of whose conduct the judgment was "scathing".<ref>{{Cite web|url = http://africanlegalcentre.org/2016/03/31/constitutional-court-judgment-eff-v-speaker-da-v-speaker/|archive-url = https://web.archive.org/web/20160331195618/http://africanlegalcentre.org/2016/03/31/constitutional-court-judgment-eff-v-speaker-da-v-speaker/|url-status = usurped|archive-date = 31 March 2016|title = Constitutional Court judgment: EFF v Speaker; DA v Speaker|website = African Legal Centre|access-date = 31 March 2016}}</ref><ref>{{Cite web|url=https://www.dailymaverick.co.za/article/2016-03-31-nkandla-concourt-ruling-president-zuma-and-national-assembly-in-breach-of-constitution/|title=Nkandla ConCourt ruling: President Zuma and National Assembly in breach of Constitution|website=www.dailymaverick.co.za|date=31 March 2016|access-date=31 March 2016}}</ref><ref>{{Cite web|url = https://www.dailymaverick.co.za/article/2016-03-31-nkandla-ruling-cons-court-slams-national-assembly|title = Nkandla ruling : Cons Court slams National Assembly|website = www.dailymaverick.co.za|date = 31 March 2016|access-date = 31 March 2016}}</ref><ref>{{Cite web|url=http://www.timeslive.co.za/politics/2016/03/31/Chief-Justice-Mogoeng-Mogoengs-12-most-powerful-Nkandla-judgement-quotes|title=Chief Justice Mogoeng Mogoeng's 12 most powerful Nkandla judgement quotes|last=Berg|first=Marzanne Van Den|website=Times LIVE|access-date=31 March 2016}}</ref><ref>{{Cite web|url=http://www.news24.com/SouthAfrica/News/all-south-africans-including-zuma-are-equal-before-law-de-vos-20160331|title=All South Africans, including Zuma, are equal before law – De Vos|website=News24|access-date=31 March 2016}}</ref><ref>{{Cite newsletter|title=At last, the cleansing of Nkandla |date=1 April 2016 |magazine=Legalbrief Today |issue=3961 |url=https://legalbrief.co.za/diary/legalbrief-today/story/at-last-the-cleansing-of-nkandla/ |access-date=1 April 2016 }}</ref> One commentator said Mogoeng's judgment was "his moment of triumph and redemption", and marked his transformation from a supposed "tool" of the establishment to a "national hero" in a manner reminiscent of Earl Warren.<ref name=":7">{{Cite web|url=https://www.dailymaverick.co.za/article/2016-04-04-when-judges-make-history-earl-warren-and-mogoeng-mogoeng|title=When Judges make history: Earl Warren and Mogoeng Mogoeng|last=Spector|first=J Brooks|website=www.dailymaverick.co.za|date=3 April 2016|access-date=4 April 2016}}</ref> A year later, Mogoeng delivered the unanimous judgment in ''UDM v Speaker of the National Assembly'', in which he granted an application brought by opposition parties to set aside the refusal by Speaker Baleka Mbete, a close Zuma ally, to have a vote of no confidence in the President conducted by secret ballot.<ref>''United Democratic Movement v Speaker of the National Assembly and Others'' [http://www.saflii.org.za/za/cases/ZACC/2017/21.html <nowiki>[2017] ZACC 21</nowiki>].</ref> The opposition parties had argued that the secret ballot was necessary to ensure that ANC MPs could vote against the President without fear of retribution.<ref>{{Cite news|agency=ANA |title=Concourt to rule on secret ballot against Zuma |date=20 June 2017 |newspaper=The Citizen |location=Johannesburg |language=en |url=http://citizen.co.za/news/news-national/1547163/concourt-to-rule-on-secret-ballot-against-zuma/ |archive-url=https://web.archive.org/web/20180110234109/https://www.citizen.co.za/news/south-africa/1547163/concourt-to-rule-on-secret-ballot-against-zuma/ |archive-date=10 January 2018 |url-status=live }}</ref>

Shortly before this, however, Mogoeng had cautioned, in a contentious judgment that failed to win the support of a majority of his colleagues, that judges must respect the separation of powers and defer appropriately to the executive, and on this basis refused to accede to complaints that the government's controversial policy on new television broadcast technologies was unlawful.<ref>''Electronic Media Network Limited and Others v e.tv (Pty) Limited and Others'' [2017] [http://www.saflii.org.za/za/cases/ZACC/2017/17.html ZACC 17].</ref> Much more high-profile was his dissent in ''Economic Freedom Fighters v Speaker of the National Assembly (No. 2)'', in which opposition parties had argued that Parliament had not taken adequate steps to hold Zuma to account in terms of the order issued by the Court in the first ''EFF'' judgment.<ref>''Economic Freedom Fighters and Others v Speaker of the National Assembly and Another'' [http://www.saflii.org.za/za/cases/ZACC/2017/47.html <nowiki>[2017] ZACC 47</nowiki>].</ref> On this occasion Mogoeng was strongly opposed to finding against Parliament; he described the majority judgment, which upheld the opposition parties' complaints, as "a textbook case of judicial overreach" and criticised his colleagues for overstepping the separation of powers. The majority judgment, though authored by Mogoeng's usual ally, Jafta J, describes this "unprecedented" allegation as "misplaced and unfortunate"; and Froneman J was motivated to write a judgment of his own, saying that Mogoeng's characterisation of the majority's position "does nothing to further the debate".<ref>{{Cite news|last=Mailovich |first=Claudi |date=29 December 2017 |title=Chief Justice's dissenting voice in Zuma judgment described as 'misplaced and unfortunate' |newspaper=Business Day |publisher=Arena Holdings |language=en |url=https://www.businesslive.co.za/bd/national/2017-12-29-chief-justices-dissenting-voice-in-zuma-judgment-described-as-misplaced-and-unfortunate/|archive-url=https://web.archive.org/web/20171229194452/https://www.businesslive.co.za/bd/national/2017%2D12%2D29%2Dchief%2Djustices%2Ddissenting%2Dvoice%2Din%2Dzuma%2Djudgment%2Ddescribed%2Das%2Dmisplaced%2Dand%2Dunfortunate/ |archive-date=29 December 2017 |url-status=dead }}</ref><ref name=":9">{{Cite newsletter|title=Ruling hastens Zuma end-game |date=8 January 2018 |magazine=Legalbrief Today |issue=4372 |url=https://legalbrief.co.za/diary/legalbrief-today/story/ruling-hastens-zuma-end-game/ |archive-url=https://web.archive.org/web/20180109181840/https://legalbrief.co.za/diary/legalbrief-today/story/ruling-hastens-zuma-end-game/ |archive-date=9 January 2018 |url-status=live }}</ref> The EFF was highly critical of Mogoeng's judgment, as well as his conduct at the court sitting when the judgment was delivered: Mogoeng had interrupted Jafta J, mid-delivery, to insist that he read out his (Mogoeng's) judgment in full.<ref name=":10">{{Cite news|url=https://www.timeslive.co.za/politics/2017-12-29-eff-slams-chief-justice-for-interrupting-fellow-judge/|title=EFF slams chief justice for interrupting fellow judge|access-date=9 January 2018|language=en-US}}</ref> The EFF described this as an "abuse of power" and an "unacceptable" show of disrespect to a fellow judge.<ref name=":10" /> It also insinuated that, as a result of being "over-celebrated", Mogoeng had become "a monster".<ref>{{Cite news|url=https://www.iol.co.za/news/south-africa/gauteng/zumaimpeachment-ruling-is-a-case-of-judicial-overreach-mogoeng-12564010|title=#ZumaImpeachment ruling is a case of judicial overreach - Mogoeng {{!}} IOL News|access-date=9 January 2018|language=en}}</ref> One leading commentator said Mogoeng's "very serious" attack on the majority judgment was "difficult to comprehend";<ref>{{Cite news|url=https://mg.co.za/article/2018-01-02-constitutional-delinquency-of-zuma-era-has-muddied-the-separation-of-powers|title=Mogoeng's 'very serious' attack on majority judgment difficult to comprehend|last=Bar|first=Serjeant at the|work=The M&G Online|access-date=9 January 2018|language=en}}</ref> others, however, defended his right to dissent.<ref name=":9" /><ref>{{Cite news|url=https://www.thesouthafrican.com/concourt-says-parliament-did-not-hold-zuma-to-account/|title=Concourt says Parliament did not hold Zuma to account|last=Haden|first=Alexis|date=29 December 2017|work=The South African|access-date=9 January 2018|language=en-US}}</ref>

=== Gender violence === In ''F v Minister of Safety and Security'', in an apparent riposte to critics of his allegedly patriarchal views, Mogoeng strongly deplored sexual violence and held the state liable to compensate a young girl who had been raped by an off-duty policeman.<ref>''F v Minister of Safety and Security and Another'' [https://www.saflii.org/za/cases/ZACC/2011/37.html (2011) ZACC 37].</ref> And in 2013 he was praised for his "unexpected progressiveness" at the hearing of ''Teddy Bear Clinic v Minister of Justice'', where his questions from the bench showed "he was clearly moved by the notion that consensual sexual behaviour between minors should not be criminalised".<ref name=tolsitb /> This judgment (per Khampepe J), together with those Mogoeng himself wrote after becoming Chief Justice, were said to show that his "jurisprudence has not been as conservative as some critics thought" it would be.<ref name=tolsitb /> In ''DE v RH'', in which the Court unanimously abrogated the action for adultery, Mogoeng wrote separately to emphasise that the law cannot be used to enforce marital ethics.<ref>''DE v RH'' [http://www.saflii.org.za/za/cases/ZACC/2015/18.html (2015) ZACC 18]. </ref> A detailed retrospective published in October 2016 concluded that Mogoeng had "begun to craft a new name for himself" as a proponent of gender rights.<ref name=":8">{{Cite web|url=http://www.theconmag.co.za/2016/10/04/patriarchy-violence-the-judiciary/|title=Patriarchy, Violence & the Judiciary|last1=Nelani|first1=Luvo|last2=Hodgson|first2=Tim Fish|website=The Con|access-date=22 June 2017}}</ref>

=== Religious views === Mogoeng is an lay preacher in the Pentecostal Winners Chapel<ref name="Tolsi" /> but is now a Pastor in the Redeemed Christian Church of God. He attributed the criticism over his nomination and appointment to his Christian faith.<ref name="DuP" /> But in Mogoeng's view, stated at his JSC interview, God wanted him to be Chief Justice.<ref name="times" />

Concern about Mogoeng's religious conservatism did not abate during his tenure. In March 2012 he was publicly criticised for requesting judges to attend a leadership conference hosted by Christian evangelist John C. Maxwell, raising concerns about the separation of church and judiciary.<ref name="Tolsi" /> And in May 2014 he gave a speech at Stellenbosch University arguing that religion should infuse the law to a greater extent, "starting with the Constitution".<ref name="speech" /> He quoted from the Bible, compared the three branches of government to the Holy Trinity and railed against social evils like "fornication". Mogoeng's speech sparked a media furore, in response to which he sought to offer clarification. The resulting press conference seemed to confirm rather than allay the media's fears.<ref name="grootes3" /><ref name="poplak2" /><ref name="bhardwaj" /> On the other hand, one influential columnist praised Mogoeng for his candour, saying it is better than perpetuating the "myth" that judges are neutral and free of all personal predilections.<ref>{{Cite web|title = Good for judges to challenge neutrality myth|url = https://mg.co.za/article/2014-06-19-good-for-judges-to-challenge-neutrality-myth|access-date = 21 July 2015|last = Serjeant at the Bar|date = 19 June 2014|website = Mail & Guardian}}</ref> Mogoeng's religious convictions have also found their way into his judgments: in ''McBride'', for example, he railed against the use of "foul language" and South Africa's "being denuded of moral standards", and cited the Bible.<ref name="McBride" />

==Head of the JSC== {{Main|Judicial Service Commission (South Africa)#2009–: Zuma administration}} As the then Chief Justice of South Africa, Mogoeng was the head of the Judicial Service Commission (JSC), which was responsible for the appointment of judges. The JSC attracted criticism under Mogoeng's stewardship, in part because of its attitude to the racial "transformation" of the judiciary.

Izak Smuts, one of the JSC's senior members, resigned in protest at the JSC's "disturbing" appointment record, and the Helen Suzman Foundation took the JSC to court over its allegedly "irrational" refusal to appoint certain candidates.<ref>{{cite web|url=http://www.bdlive.co.za/national/law/2013/06/10/jsc-taken-to-court-over-judicial-appointments|title=JSC taken to court over judicial appointments|first=Ernest|last=Mabuza|publisher=Business Day|date=10 June 2013}}</ref> Shortly thereafter, Chief Justice Mogoeng gave a speech at an Advocates for Transformation event in which he said a "deliberate attempt is being made to delegitimize the JSC" through "scare tactics" and blamed this on "a well coordinated network of individuals and entities" – possibly apartheid agents, Mogoeng implied – "pretending to be working in isolation from each other".<ref>{{cite web|url=https://accountabilitynow.org.za/pdf/Advocates_for_Transformation_AGM_Dinner.pdf|title=The Duty to Transform|first=Mogoeng|last=Mogoeng|date=6 July 2013}}</ref> Mogoeng called on his audience to oppose "this illegitimate neo-political campaign to have certain people appointed".

This now "infamous"<ref name="pdvhoffman">{{cite web|url=https://constitutionallyspeaking.co.za/mogoeng-v-hoffman-better-not-to-roll-around-in-the-mud-with-the-pigs/|title=Mogoeng v Hoffman: Better not to roll around in the mud with the pigs|first=Pierre|last=de Vos|publisher=Constitutionally Speaking|date=13 August 2013}}</ref> speech was criticised for departing from the requirements of judicial impartiality and seeming to betray a racial bias.<ref>{{cite web|url=http://www.iol.co.za/the-star/mogoeng-must-beware-of-prejudice-1.1547711|title=Mogoeng must beware of prejudice|first1=Dave|last1=Steward|first2=Johan|last2=Kruger|work=The Star|date=16 July 2013}}</ref><ref>{{cite web|first=George|last=Devenish|url=http://www.bdlive.co.za/opinion/letters/2013/07/16/letter-mogoeng-has-prejudged-jsc-case|title=Mogoeng has prejudged JSC case|publisher=Business Day|date=16 July 2013}}</ref> Paul Hoffman SC sought to have Mogoeng impeached on the basis that he had brought the judiciary into disrepute,<ref>Paul Hoffman (6 August 2013), [http://www.politicsweb.co.za/news-and-analysis/why-mogoeng-mogoeng-should-be-impeached--paul-hoff "Why Mogoeng should be impeached"].</ref> but this complaint was itself widely criticised as "ill-considered"<ref>{{cite web|url=http://www.iol.co.za/news/crime-courts/mogoeng-impeachment-call-opposed-1.1561795|title=Mogoeng impeachment call opposed|publisher=IOL|date=13 August 2013}}</ref> and "weak on the law"<ref>{{cite web|url=https://www.dailymaverick.co.za/article/2013-08-12-mogoeng-hoffman-and-the-coming-judicial-race-war|title=Mogoeng, Hoffman and the coming judicial race war|first=Stephen|last=Grootes|publisher=DailyMaverick|date=12 August 2013}}</ref> and was dismissed by the Judicial Conduct Committee.<ref>{{cite web|url=http://www.enca.com/south-africa/complaint-against-mogoeng-dismissed|title=Complaint against Mogoeng dismissed|publisher=eNCA|date=10 September 2013}}</ref> A year later, when Hoffman and Smuts appeared in an unrelated case before the Constitutional Court (coincidentally involving the Helen Suzman Foundation), Mogoeng strongly criticised the conduct of their client's case and upheld a rare punitive costs order against him.<ref name="hsf" /> One commentator described this as a "discredit" to the Court's usual approach.<ref>{{Cite web|url = http://africanlegalcentre.org/meghan-finn-footing-the-bill-of-rights-tebeila-institute-v-limpopo-college-of-nursing-2015-zacc-4/|title = Footing the Bill of Rights: Tebeila Institute v Limpopo College of Nursing [2015] ZACC 4|date = 9 March 2015|website = African Legal Centre|last = Finn|first = Meghan}}{{dead link|date=May 2025|bot=medic}}{{cbignore|bot=medic}}</ref>

After the retirement of Justice Thembile Skweyiya in May 2014, Mogoeng stated that he wanted to appoint a female judge in his place.<ref name="rabkintwo">{{cite web|url=http://www.bdlive.co.za/national/law/2014/07/25/top-court-appoints-woman-acting-judge|title=Top Courts appoints woman acting judge|first=Franny|last=Rabkin|date=25 July 2014|access-date=19 May 2015|publisher=BDlive}}</ref><ref>{{cite web|url=https://www.saflii.org/za/journals/DEREBUS/2014/100.html|title=Constitutional Court bids farewell to Justice Thembile Skweyiya|publisher=De Rebus|first=Nomfundo|last=Manyathi-Jele|date=June 2014}}</ref> The vacancy was then left open for over a year, as a series of female acting appointments were made instead, apparently to provide a test run. This dilatoriness in making a permanent appointment was criticised by commentators, who said it was corrosive of judicial independence and inconsistent with the South African Constitution.<ref>{{cite web|url=http://africanlegalcentre.org/leo-boonzaier-acting-up-the-jsc-and-temporary-appointments-to-the-constitutional-court/|archive-url=https://web.archive.org/web/20150930054638/http://africanlegalcentre.org/leo-boonzaier-acting-up-the-jsc-and-temporary-appointments-to-the-constitutional-court/|url-status=usurped|archive-date=30 September 2015|title=Acting up? The JSC and temporary appointments to the Constitutional Court|first=Leo|last=Boonzaier|date=16 March 2015|access-date=18 May 2015}}</ref><ref name="thamm">{{cite web|url=https://www.dailymaverick.co.za/article/2015-03-19-constitutional-court-jsc-moves-to-fill-vacancy-after-legal-action-threat/|title=Constitutional Court: JSC moves to fill vacancy after legal action threat|first=Marianne|last=Thamm|date=19 March 2015|access-date=18 May 2015}}</ref> Mogoeng's stated reason for the delay, namely the need to find competent female candidates, was said to be "patronising" and unconvincing.<ref name="rabkintwo" /><ref name="thamm" /> Mogoeng was also criticised for giving the impression that JSC appointments were "preordained" and that male candidates would not be considered.<ref>{{Cite web|title = Editorial {{!}} Approaching the bench: the four candidates for the vacant Constitutional Court seat - African Legal Centre (ALC)|url = http://africanlegalcentre.org/editorial-approaching-the-bench-the-four-candidates-for-the-vacant-constitutional-court-seat/|access-date = 16 July 2015}}{{Dead link|date=April 2020 |bot=InternetArchiveBot |fix-attempted=yes }}</ref> The JSC finally acted to fill the vacancy fourteen months after it arose.<ref>"Judicial Vacancy: Constitutional Court", African Legal Centre {{usurped|1=[https://web.archive.org/web/20160303212650/http://africanlegalcentre.org/download/appellate_courts/constitutional_court_of_south_africa/JSC%20Advert%20-%20July%202015%20Extension.pdf (pdf).]}}</ref>

Starting in late 2014, after a change in the JSC's composition, several commentators perceived a marked improvement in the conduct of its interviews, especially on questions about gender transformation in the judiciary.<ref name=":3">{{Cite web|title = Bracing wind of change buoys JSC|url = https://mg.co.za/article/2015-04-30-00-bracing-wind-of-change-buoys-jsc/|access-date = 16 July 2015|first = Niren|last = Tolsi|date = 30 April 2015}}</ref><ref>{{Cite web|url = http://www.theconmag.co.za/2014/06/09/a-week-in-the-life-of-the-jsc/|title = A week in the life of the JSC|date = 9 June 2014|website = The Con Mag|last = Oxtoby|first = Chris}}</ref><ref>{{Cite web|url = http://www.theconmag.co.za/2014/11/10/the-new-jsc-and-the-patriarchy/|title = The new JSC and the patriarchy|date = 10 November 2014|website = The Con Mag|last1 = Hindle|first1 = Katy|last2 = Masengu|first2 = Tabeth}}</ref><ref name=":2">{{Cite web|url = http://www.theconmag.co.za/2015/04/17/bebop-on-the-bench/|title = Bebop on the bench|date = 17 April 2015|website = The Con Mag|last = Tolsi|first = Niren}}</ref><ref name=":8" /> This was ascribed in part to Mogoeng's leadership and to the departure of ANC hardliners like Jeff Radebe, Ngoako Ramatlhodi and Fatima Chohan.<ref name=":3" /><ref name=":2" />

=== Hlophe complaint === {{Main|John Hlophe gross misconduct}} Mogoeng was the head of the JSC during most of the long-running controversy over misconduct complaints against Western Cape High Court Judge President, John Hlophe.<ref name=":11">{{Cite web|title=Ten years later, still no action on Hlophe complaint|url=https://www.groundup.org.za/article/10-years-later-still-no-action-hlophe-complaint/|last1=Tilley|first1=Alison|last2=Ndlebe|first2=Zikhona|date=6 September 2019|website=GroundUp News|language=en|access-date=15 May 2020}}</ref><ref name=":12">{{Cite web|title=Judge John Hlophe soap opera: how hasn't he been impeached?|url=https://www.businesslive.co.za/fm/features/2020-04-16-judge-john-hlophe-soap-opera-how-hasnt-he-been-impeached/|website=BusinessLIVE|language=en-ZA|access-date=15 May 2020}}</ref> The main complaint against Hlophe was laid in 2008 by the judges of the Constitutional Court, who alleged that he tried to persuade them to decide a case in favour of then-President Jacob Zuma. The processing of this complaint was repeatedly stalled so that, more than ten years after it was first lodged, no action had been taken against Hlophe.<ref name=":11" /><ref>{{Cite web|title=OP-ED: JSC must act now and remove Judge Hlophe|url=https://www.dailymaverick.co.za/article/2020-02-03-jsc-must-act-now-and-remove-judge-hlophe/|last=Kriegler|first=Johann|website=Daily Maverick|date=2 February 2020|language=en|access-date=16 May 2020}}</ref>

In January 2020, further complaints were lodged against Hlophe by his deputy judge president Patricia Goliath.<ref>{{Cite web|title=Hlophe complaint is an eerie echo|url=https://mg.co.za/article/2020-01-24-hlophe-complaint-is-an-eerie-echo/|date=23 January 2020|website=The Mail & Guardian|language=en-ZA|access-date=15 May 2020}}</ref> Mogoeng is the chairperson of the JSC's Judicial Conduct Committee, which is mandated to decide this complaint. Mogoeng initially disclaimed responsibility, however, on the basis that he lacks any legal power to take disciplinary action against a judge.<ref name="Matter">{{Cite web|title=Op-Ed: Chief Justice Mogoeng has 'soft power' in his arsenal for dealing with errant judges|url=https://www.dailymaverick.co.za/article/2020-05-14-chief-justice-mogoeng-has-soft-power-in-his-arsenal-for-dealing-with-errant-judges/|last=Matter|first=Judges|website=Daily Maverick|date=13 May 2020|language=en|access-date=15 May 2020}}</ref> This argument has been rejected by commentators<ref name="Matter"/> and the JCC's refusal to take action described as "bizarre".<ref name=":12" /> Later, however, in July 2020, Mogoeng decided that the complaint against Hlophe should be adjudicated by the JCC, and said that, if true, the complaint would be grounds for a finding of gross misconduct.<ref>{{Cite web|last=Thamm|first=Marianne|date=3 July 2020|title=Western Cape Judiciary Crisis: Chief Justice Mogoeng recommends Hlophe face misconduct tribunal, dismisses claims against Goliath|url=https://www.dailymaverick.co.za/article/2020-07-03-chief-justice-mogoeng-recommends-hlophe-face-misconduct-tribunal-dismisses-claims-against-goliath/|access-date=12 July 2020|website=Daily Maverick|language=en}}</ref>

==Other positions and awards== On 27 March 2018 the [https://www.uj.ac.za University of Johannesburg] conferred an honorary doctoral degree on Mogoeng, citing his "notable contributions within the judiciary sphere - which should remind South Africans to take the constitution as a guide which will give us unity to build our country and to reconcile as all South Africans".<ref>{{Cite web|title=News & Events - UJ confers honorary doctoral degree on stalwart Chief Justice Mogoeng Mogoeng|url=https://www.uj.ac.za:443/newandevents/Pages/UJ-confers-honorary-doctoral-degree-on-stalwart-Chief-Justice-Mogoeng-Mogoeng.aspx|access-date=3 July 2021|website=www.uj.ac.za|language=en}}</ref>

In 2013, Mogoeng was awarded an honorary doctorate by North-West University.<ref>Chief Justice Mogoeng Mogoeng receives an honorary doctorate from the NWU [http://www.nwu.ac.za/content/chief-justice-mogoeng-mogoeng-receives-honorary-doctorate-nwu].</ref>

== See also ==

* List of Constitutional Court opinions of Mogoeng Mogoeng

==References== {{reflist|colwidth=30em|refs= <ref name="whoswho">{{cite web|title=Who's Who SA: Mogoeng Mogoeng|url=http://www.whoswho.co.za/mogoeng-mogoeng-7577|access-date=24 May 2013}}</ref> <ref name="mg2011">{{cite news|url= https://mg.co.za/article/2011-08-16-zuma-picks-mogoeng-as-chief-justice|title=Zuma picks Mogoeng as Chief Justice|newspaper=Mail & Guardian|date=16 August 2011|access-date=24 May 2013}}</ref> <ref name="cohen">{{cite news|last=Cohen|first=Mike|date=8 September 2011|access-date=16 September 2011|title=Zuma Appoints Mogoeng as South Africa's Chief Justice Ignoring Objection|publisher=Bloomberg|url=https://www.bloomberg.com/news/2011-09-08/zuma-appoints-mogoeng-as-south-africa-s-chief-justice-ignoring-objections.html}}</ref> <ref name="oxtoby">{{cite journal|last=Oxtoby|first=Chris|title=New Appointments to the Constitutional Court 2009-2012|year=2013|journal=South African Law Journal|pages=219–230}}</ref> <ref name="calland">{{cite book|last=Calland|first=Richard|title=The Zuma Years|year=2013|url=https://www.theconmag.co.za/2013/09/02/a-chief-justice-who-doesnt-write-appointed-by-a-president-who-doesnt-read|publisher=Zebra Press}}</ref> <ref name="rawoot">{{cite news|last=Rawoot|first=Ilham|url= https://mg.co.za/article/2011-09-02-mogoengs-shocking-child-rape-rulings/|title=Mogoeng's shocking child rape rulings|newspaper=Mail & Guardian|date=2 September 2011|access-date=25 July 2014}}</ref> <ref name="Scotsman">{{cite news|title=Nobel winners join battle to stop South African judge landing top job|newspaper=The Scotsman|date=8 September 2011|url=http://www.scotsman.com/the-scotsman/international/nobel-winners-join-battle-to-stop-south-african-judge-landing-top-job-1-1832369|access-date=24 May 2013}}</ref> <ref name="Kinama">{{cite news|last=Kinama|first=Emily|title=Is the Appointment of Justice Mogoeng Mogoeng as Chief Justice in the Interest of the People?|publisher=Institute for Security Studies|date=8 September 2011|access-date=16 September 2011|url=http://www.polity.org.za/article/is-the-appointment-of-justice-mogoeng-mogoeng-as-chief-justice-in-the-interest-of-the-people-2011-09-08}}</ref> <ref name="cosatu">{{cite news|last=SAPA|url=http://www.news24.com/SouthAfrica/Politics/Cosatu-slams-Mogoeng-nomination-20110903|title=Cosatu slams Mogoeng nomination|date=3 September 2011|access-date=25 July 2014|newspaper=News24}}</ref> <ref name="nobel">{{cite news|title=Don't appoint Mogoeng, says Nobel Women's Initiative|newspaper=Mail & Guardian|date=7 September 2011|access-date=16 September 2011|url=https://mg.co.za/article/2011-09-07-dont-appoint-mogoeng-says-nobel-womens-initiative}}</ref> <ref name="grootes">{{cite news|last=Grootes|first=Stephen|url=https://www.dailymaverick.co.za/article/2011-08-17-why-why-mogoeng-mogoeng|title=Analysis: Why why Mogoeng?|newspaper=The Daily Maverick|date=17 August 2011|access-date=25 July 2014}}</ref> <ref name="vegter">{{cite news|last=Vegter|first=Ivo|url=https://www.dailymaverick.co.za/opinionista/2011-09-04-mogoeng-lock-up-your-daughters|title=Mogoeng: Lock up your daughters|newspaper=The Daily Maverick|date=4 September 2011|access-date=25 July 2014}}</ref> <ref name="Tolsi">{{cite news|last=Tolsi|first=Niren|title=Attend Christian course, Mogoeng tells judges|url=https://mg.co.za/article/2012-03-14-judges-crucify-mogoeng-over-christian-conference|access-date=24 May 2013|newspaper=Mail & Guardian|date=14 March 2012}}</ref> <ref name="DuP">{{cite news|last=du Plessis|first=Charl|title=Mogoeng and the prophet|url=http://www.citypress.co.za/news/mogoeng-and-the-prophet/|access-date=23 May 2013|newspaper=City Press|date=19 May 2013|archive-url=https://web.archive.org/web/20130522202203/http://www.citypress.co.za/news/mogoeng-and-the-prophet/|archive-date=22 May 2013|url-status=dead}}</ref> <ref name="PCHR">Pretoria Centre for Human Rights (17 August 2011), [https://constitutionallyspeaking.co.za/pretoria-centre-for-human-rights-expresses-surprise-at-chief-justice-nomination/ Press release on the nomination of the Chief Justice]. Retrieved 25 July 2014</ref> <ref name="grootes2">{{cite news|first=Stephen|last=Grootes|title=Chief Justice controversy: A historical digression|newspaper=The Daily Maverick|date=18 August 2011}}</ref> <ref name="DeVos">{{cite web|url=https://constitutionallyspeaking.co.za/on-the-appointment-of-a-chief-justice/|title=On the Appointment of a Chief Justice|first=Pierre|last=de Vos|date=29 July 2011|access-date=24 May 2013}}</ref> <ref name="naidoo">{{cite news|last=Naidoo|first=Prakash|title=Dissatisfaction grows|work=Financial Mail|date=15 September 2011|access-date=16 September 2011|url=http://www.fm.co.za/Article.aspx?id=153435}} [http://www.accessmylibrary.com/article-1G1-267270014/judiciary-dissatisfaction-grows.html Alt URL]</ref> <ref name="DeVos2">{{cite web|url=https://constitutionallyspeaking.co.za/justice-mogoeng-an-unwise-decision/|title=Justice Mogoeng: An unwise decision|first=Pierre|last=de Vos|date=16 August 2011|access-date=24 July 2013}}</ref> <ref name="NewAge">{{cite news|first=Xolani|last=Mbanjwa|url=http://www.thenewage.co.za/mobi/Detail.aspx?NewsID=25985&CatID=1007|title=Outrage over new Chief Justice|newspaper=The New Age|date=17 August 2011|access-date=25 July 2014|url-status=dead|archive-url=https://web.archive.org/web/20150519074834/http://www.thenewage.co.za/mobi/Detail.aspx?NewsID=25985&CatID=1007|archive-date=19 May 2015}}</ref> <ref name="Dube">''S v Dube and Others'' [https://www.saflii.org/za/cases/ZASCA/2009/28.html (2009) ZASCA 28]; 2009 (2) SACR 99 (SCA).</ref> <ref name="Hawker">{{cite news|first=Dianne|last=Hawker|url=http://www.iol.co.za/sundayindependent/mogoeng-s-mindset-a-problem-for-cosatu-1.1131340?ot=inmsa.ArticlePrintPageLayout.ot|title=Mogoeng's 'mindset' a problem for Cosatu|newspaper=IOL|date=5 September 2011|access-date=25 July 2014}}</ref> <ref name="AZAPO">{{cite news|first=Gaontebale|last=Nodoba|title=What does Zuma have against Moseneke? - AZAPO|newspaper=Politicsweb|date=18 August 2011|access-date=25 July 2014|url=http://www.politicsweb.co.za/politicsweb/view/politicsweb/en/page71654?oid=251533&sn=Detail&pid=71654}}</ref> <ref name="times">{{cite news|last=SAPA|title=Mogoeng: God wants me to be chief justice|url=http://www.timeslive.co.za/politics/2011/09/04/mogoeng-god-wants-me-to-be-chief-justice|date=4 September 2011|access-date=25 July 2014|newspaper=Times LIVE}}</ref> <ref name="speech">Mogoeng wa Mogoeng, [http://www.justice.gov.za/ocj/speeches/20140527-Stellenbosch.pdf The Quest for the Common Good in Pluralistic Societies] {{Webarchive|url=https://web.archive.org/web/20140728064640/http://www.justice.gov.za/ocj/speeches/20140527-Stellenbosch.pdf |date=28 July 2014}} (Speech delivered at the University of Stellenbosch, 27 May 2014). Retrieved 25 July 2014.</ref> <ref name="poplak2">{{cite news|first=Richard|last=Poplak|title=Mogoeng Mogoeng wants God to govern. This time, he's serious.|url=https://www.dailymaverick.co.za/article/2014-06-04-mogoeng-mogoeng-wants-god-to-govern.-this-time-hes-serious.|newspaper=The Daily Maverick|date=4 June 2014|access-date=25 July 2014}}</ref> <ref name="bhardwaj">{{cite news|first=Vinayak|last=Bhardwaj|title=Religious sentiments can't be allowed to override our Constitution|url=https://mg.co.za/article/2014-06-05-religious-sentiments-cant-be-allowed-to-override-our-constitution|newspaper=Mail & Guardian|date=6 June 2014|access-date=25 July 2014}}</ref> <ref name="hardtalk">[http://tvguide.lastown.com/bbc/preview/hardtalk/mogoeng-mogoeng-chief-justice-of-south-africa.html BBC HARDtalk: Mogoeng Mogoeng - Chief Justice of South Africa] (Interview on 28 June 2013). Retrieved 25 July 2014.</ref> <ref name="grootes3">{{cite news|first=Stephen|last=Grootes|title=Mogoeng debate: Let's just all calm down to a panic|url=https://www.dailymaverick.co.za/article/2014-06-04-mogoeng-debate-lets-just-all-calm-down-to-a-panic|date=4 June 2014|access-date=25 July 2014|newspaper=The Daily Maverick}}</ref> <ref name="khadalie">{{cite news|first=Rhoda|last=Khadalie|title=The JSC's apparatchiks on display|url=http://www.politicsweb.co.za/politicsweb/view/politicsweb/en/page71619?oid=256016&sn=Detail&pid=71619|newspaper=Politicsweb|date=13 September 2011|access-date=25 July 2014}}</ref> <ref name="ngopress">[http://www.tac.org.za/community/node/3151 Press statement: JSC interview raises concerns about judicial appointment process]. Retrieved 25 July 2014.</ref> <ref name="sebaeng">''S v Sebaeng'' [https://www.saflii.org/za/cases/ZANWHC/2007/25.html (2007) ZANWHC 25].</ref> <ref name="moipolai">''S v Moipolai'' [https://www.saflii.org/za/cases/ZANWHC/2004/19.html (2004) ZANWHC 19].</ref> <ref name="McBride">''The Citizen 1978 (Pty) Ltd and Others v McBride'' [https://www.saflii.org/za/cases/ZACC/2011/11.html (2011) ZACC 11]; 2011 (4) SA 191 (CC); 2011 (8) BCLR 816 (CC).</ref> <ref name="interview">Constitutionally Speaking, [https://constitutionallyspeaking.co.za/interview-with-justice-mogoeng-live-blog/ Interview with Justice Mogoeng - Live blog]. Retrieved 25 July 2014.</ref> <ref name="benjamin">{{cite news|first=Chantelle|last=Benjamin|title=Mogoeng: Judiciary 'begs' for money and independence'|url=https://mg.co.za/article/2014-11-26-judiciary-still-begs-for-money-and-independence|newspaper=Mail & Guardian|date=26 November 2014|access-date=18 May 2015}}</ref> <ref name="iol">{{cite news|last=SAPA|title=Mogoeng calls for more judicial independence|url=http://www.iol.co.za/news/crime-courts/mogoeng-calls-for-more-judicial-independence-1.1706765|newspaper=IOL|date=20 June 2014|access-date=18 May 2015}}</ref> <ref name="stell">Mogoeng Mogoeng, 2013 Annual Human Rights Lecture of the Stellenbosch Law Faculty: [http://www.sun.ac.za/english/Lists/news/DispForm.aspx?ID=106 The implications of the Office of the Chief Justice for Constitutional Democracy in South Africa]</ref> <ref name="quintal">{{cite news|first=Genevieve|last=Quintal|title=Mogoeng calls for judicial independence|url=http://www.news24.com/SouthAfrica/News/Mogoeng-calls-for-judicial-independence-20150515|newspaper=News24|date=15 May 2015|access-date=18 May 2015}}</ref> }}

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{{DEFAULTSORT:Mogoeng, Mogoeng}} Category:Judges of the Constitutional Court of South Africa Category:Living people Category:Place of birth missing (living people) Category:Chief justices of South Africa Category:South African Pentecostals Category:1961 births Category:University of Natal alumni Category:University of Zululand alumni Category:University of South Africa alumni Category:20th-century South African lawyers Category:20th-century South African judges Category:21st-century South African judges Category:Judges of the North West High Court