Mogoeng Mogoeng apologises ‘unconditionally’ for Israel remarks

Former chief justice Mogoeng Mogoeng has apologised “unconditionally” for his pro-Israel utterances.

In June 2020, Mogoeng said he had an obligation, as a Christian, to love and pray for the peace of Jerusalem.

He made the comments during a webinar hosted by The Jerusalem Post.

“It is as binding on me as any other law would bind on me, so whatever I have to say should not be misunderstood as an attempt to say the policy direction taken by my country in terms of their constitutional responsibilities is not binding on me.

“But, just as a citizen, any citizen is entitled to [criticise] the Constitution of South Africa, [and] is entitled to criticise the laws and the policies of South Africa or even suggest that changes are necessary – and that’s where I come from,” he said during the webinar.

Human rights organisation Africa4Palestine then filed a complaint against then Chief Justice for the utterances.

“Judge Mogoeng has, unfortunately, continued to publicly speak on the matter but refuses to apologise. He has said: ‘Even if 50 million people can march every day for the next 10 years, for me to retract and apologise for what I said — I will not do it…There will, therefore, be no retraction. There is nothing to retract. There will be no apology … I will not apologise for anything. There is nothing to apologise for. There is nothing to retract…I will not’,” said the organisation at the time.

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Consequently, Mogoeng was directed by the Judicial Conduct Committee to retract and apologise for his remarks.

The JCC had found that Mogoeng involved himself in political controversy by commenting on, criticising and proposing changes to the official policy of the South African Government towards Israel and also participated in an extra-judicial activity that is incompatible with confidence in or the impartiality or independence of Judges, by expressing a view on the diplomatic relations between South Africa and Israel.

In response, Mogoeng lodged an appeal, which was dismissed.

Now he has apologised as ordered.

“Because I am not above the law, I hereby apologise as ordered: ‘I, Mogoeng Mogoeng, the former Chief Justice of the Republic of South Africa, hereby apologise unconditionally for becoming involved in political controversy through my utterances at the online seminar (webinar) hosted by the Jerusalem Post on 23 June 2020, in which I participated’.

Mogoeng further denied saying he would, under no circumstances, apologise.