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Urgent call to sign a petition from South African groups

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Dear Friends of Joburg Pride,

Pan Africa IGA (PAI) has received a request to endorse a letter to President Jacob Zuma, with regards to the appointment of Judge Mogoeng Mogoeng to the position of Chief Justice.

The letter was drafted by the following organisations:

Lesbian and Gay Equality Project

Section 27 (incorporating the AIDS Law Project)

Sonke Gender Justice Network

Treatment Action Campaign

PAI endorses this letter and request you to kindly and urgently consider this open letter including any suggestions you may have on its contents. Please do so by 9am (South African time) on 08 September 2011.

Please send your endorsements by email to mazibuko@amandla.org.za

For background information on this matter, you can follow this link to the PAI website Mogoeng vs Sluts and Others

Regards,

Pan Africa ILGA

07 September 2011

TO: President Jacob Zuma

Dear Sir,

OPEN LETTER TO PRESIDENT JACOB ZUMA: MAY YOU PLEASE NOT APPOINT JUSTICE MOGOENG AS CHIEF JUSTICE

We write to you as a collection of progressive individuals, activists and organisations committed to equality, non-discrimination, human rights and social justice as enshrined in our country’s Constitution.

We write to you to submit our appeal that you not appoint Justice Mogoeng Mogoeng to the position of Chief Justice as per your nomination and recommendation of the Judicial Service Commission (JSC). We submit this request mindful of your constitutional role in the appointment of the Chief Justice and the deliberations of the JSC to date. We respectfully submit this request to you motivated by the following considerations:

1. Section 165(4) of the Constitution requires “[o]rgans of state, through legislative and other measures, [to] assist and protect the courts to ensure the independence, impartiality, dignity, accessibility and effectiveness of the courts”.

2. Section 174(1) requires “appropriately qualified” people who are “fit and proper” to be appointed as judicial officers.

3. Section 167(7) requires the Constitutional Court to interpret, protect and enforce the Constitution and the rights that it contains.

Its deliberations and recommendations notwithstanding, we firmly believe that the JSC erred in its recommendation regarding the appointment of Justice Mogoeng as Chief Justice. As various submissions to the JSC showed, the suitability of the nominee for appointment as Chief Justice is under serious question.

Given the stature of this office we believe that a Chief Justice should have the confidence and support of his or her peers and the public. Justice Mogoeng’s nomination has divided the judiciary and the legal profession. This was not the case in relation to former Chief Justices Mahomed, Chaskalson, Langa and Ngcobo. It was through their unifying presence that they were able to steer the judiciary to its current height.

Various submissions by highly regarded organizations have raised a well-founded and serious concern in relation to Justice Mogoeng’s judgments. In particular, we remain concerned by his approach to gender-based violence. Women already have great difficulty negotiating the justice system. The appointment of Justice Mogoeng as Chief Justice will not instil confidence in women that the justice system will become more receptive and sensitive to their needs.

Justice Mogoeng’s response during the JSC interview has not addressed our concerns. Indeed, it raised a new concern regarding his ability to keep abreast of the law, let alone to lead the transformative jurisprudence which should emanate from the Constitutional Court.

Justice Mogoeng has paid lip service to the values of the Constitution. He does so by simply proclaiming that he will uphold those values. We believe that it is necessary for a Chief Justice to show a demonstrated commitment to constitutional values rather than a mere stated commitment.

Finally, we believe that the JSC did not discharge its constitutional mandate. Many members of the Commission participated in the interview having already taken a pre-conceived and firm position on the suitability of the nominee. Some showed contempt for the bona fide submissions that had been made to the JSC for their consideration.

Given these reasons we are extremely concerned about Justice Mogoeng’s pending appointment. We therefore appeal to you, even at this stage, to heed our call and re-open the process to nominate new candidates for Chief Justice.

SIGNED