The Judicial Conduct Committee (JCC) has recommended that a judicial conduct tribunal be established to investigate a complaint lodged by impeached Judge President John Hlophe against former Chief Justice Mogoeng Mogoeng. The complaint, originally filed in August 2020, stems from allegations related to Mogoeng’s handling of misconduct claims against Hlophe during his tenure.
Hlophe, who was the Judge President of the Western Cape High Court, accused Mogoeng of improperly meeting with Western Cape Deputy Judge President Patricia Goliath in October 2019. According to Hlophe, this meeting, held without his presence, involved Mogoeng expressing partial views about allegations of gross misconduct against him. Hlophe argued that Mogoeng’s involvement in both the meeting and the subsequent adjudication of the complaints between Goliath and himself was a conflict of interest and inconsistent with Mogoeng’s judicial duties.
Hlophe’s complaint also highlights that Mogoeng dismissed his counter-complaint against Goliath in July 2020 and referred Goliath’s original complaint to a judicial conduct tribunal. Hlophe believes Mogoeng should have recused himself from the matter, asserting that Mogoeng’s actions demonstrated bias and a failure to uphold the integrity of the judicial process.
Mogoeng has categorically denied all allegations, asserting that his meeting with Goliath was part of his routine judicial leadership duties and conducted with transparency and integrity.
In its ruling, dated October 22, 2024, the JCC stated that it must consider the gravity of the alleged misconduct before making a determination. If the complaint is substantiated, it could indicate gross misconduct on Mogoeng’s part, potentially damaging the judiciary’s reputation.
The JCC, chaired by Deputy Chief Justice Mandisa Maya along with former judges of appeal Halima Salduker and Jeremiah Shongwe, expressed concerns that the case could further tarnish the judiciary’s image. The committee has thus recommended that the Judicial Service Commission (JSC) refer the complaint to a tribunal for further investigation.
This case is expected to unfold under intense public scrutiny, as it involves two prominent figures in South Africa’s legal landscape, with potential ramifications for the credibility of the judiciary.
