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WHO WILL WATCH THE WATCHMEN?
Is justice under threat? Photo by https://judicature.duke.edu
By Thabang kaMashobane
W
orry to South Africans that there are people who seem to lose every case when their cases sit before certain judges, while others will emerge victorious under almost the same circumstances. This particularly in the political field. In the ANC’s political circles, it is strongly believed that people seem to be found guilty or not, depending on the faction they belong to. It should be a matter of great This surely should be of real concern to the judiciary and something should be done about it rather than shrug its heavy shoulders dismissively with a “bring evidence if you think the judiciary is captured” argument. When political parties, even a sen-
ior politician of the governing party is lambasted by the judges for accusing them of being biased in certain judgements rather than the judiciary look at itself honestly, it must be a cause for concern. The former Chief Justice, Mogoeng Mogoeng, once said judges earn good salaries and any judge who is corrupted has to be a really bad, bad person. In an interview on 14 February with JJ Tabane on Power to Truth, on eNCA, Mogoeng said: “Any human being and any professional, is capable of being captured. Haven’t you heard of attorneys or advocates being struck off the roll as a result of dishonesty? “What do you think is going to happen if that lover of money, that lover of fame, of power, somehow finds his or her way in the judiciary and an impressive offer is being
made. “At the end of the day, we are all human. It’s all a question of whether you are a person of integrity or not. Becoming appointed as a judge does not automatically render you insulated from the influences out there,” he told Tabane. He also said: “Are there principles that you hold so dear that you would rather be mocked, rather be lied about, killed than compromise? That is the bottom line. That is what is going to determine whether you are a potential candidate for capture or not.” Chief Justice Raymond Zondo, before being appointed to this position, lambasted the Minister of Tourism, Lindiwe Sisulu, for calling judges “house Niggers” who are not following the rule of law. Like Mogoeng, Zondo urged any-
one who had evidence of any judge or member of the judiciary who is captured to come forward and present it to bodies like the Judicial Conduct Committee (JSC). As the calls grow louder and louder, the question on many people’s minds is: “Has our judiciary lost its independence or dabbling in politics for that matter?” Is it not time yet for the judiciary to launch an inquiry to allay these fears and redeem its image? It should be of great concern to those who are supposed to apply the rule of law fairly to read of “scathing” judgments to others, while “soft” outcomes for some in the news. There are those who still believe Mogoeng was “ducking” something heavy when he took a long leave just before former President Jacob Zuma was sentenced without a trial by the
Constitutional Court. The argument is that Mogoeng may not have wanted to be “tainted” by the outcomes of that judgement, the first in South Africa. Besides Sisulu, other politicians and political parties have accused the judiciary of being biased. EFF President, Julius Malema, and his deputy, Floyd Shivambu, have said this publicly numerous times, with Malema even accusing a certain judge of being “nothing but a political activist”. Independent economic, energy and political analyst, Tshepo Kgadima, said there are matters that lead to “the inescapable but lamentable conclusion that indeed the judiciary is itself captured”.
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