Open letter to President Zuma - sign & send on
Mazibuko K. Jara
Mthimkulu Mashiya
--
Socialismo o Muerte
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________________________________________________________Mazibuko K. Jara (amandla)Board Chairperson: Lesbian and Gay Equality Project________________________________________________________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 which 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) which requires “appropriately qualified” people who are “fit and proper” to be appointed as judicial officers.
3. Section 167(7) which 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 o
our call and re-open the process to nominate new candidates for Chief Justice.
SIGNED
Lesbian and Gay Equality Project
Section 27 (incorporating the AIDS Law Project)
Sonke Gender Justice Network
Treatment Action Campaign
Mthimkulu Mashiya
d.van...@gmail.com
As I am an atheist communist by conviction and world view I reject no only the new chief justice Mogoeng-Mogoeng in particular his ridiculous claim the 'God' seeks his appointment (someone please forward God's cellphone no so that I may confirm), but also the entire neo-liberal capitalist legal systwm and constitution of this country that seeks only to entrench the ruling class and to legitimate the exploitation of the working class. Let's be clear the current government and all previous govern,ents are by their own admission instruments of capitalism and do not and will never serve the interests of the working class.
Sent from my Nokia phone
-----Original Message-----
From: Mthimkulu Mashiya
Sent: 08/09/2011 4:43:34 pm
Subject: Re: [BolshevikMedia] Open letter to President Zuma - sign & send on
On behalf of me, myself and I, please be informed that I fully support the
appointment (which has just been officially announced) of Judge Mogoeng
Mogoeng as Sout Africa's Chief Justice. Best of luck to you honourable
judge.
On Thu, Sep 8, 2011 at 12:05 PM, Mazibuko K. Jara
<mazi...@amandla.org.za>wrote:
> 08 September 2011
>
> TO : Organisations, institutions and individuals committed to the South
> African Constitution
>
> *URGENT REQUEST TO CO-SIGN OPEN LETTER TO PRESIDENT ZUMA REGARDING THE
> PENDING APPOINTMENT OF JUSTICE MOGOENG AS CHIEF JUSTICE *
> *
> *
> 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 which 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) which requires “appropriately qualified”
> people who are “fit and proper” to be appointed as judicial officers.****
>
> 3. Section 167(7) which 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
> o****
>
> our call and re-open the process to nominate new candidates for Chief
> Justice.****
>
> ****
>
> *SIGNED*
>
> Lesbian and Gay Equality Project****
>
> Section 27 (incorporating the AIDS Law Project)****
>
> Sonke Gender Justice Network****
>
> Treatment Action Campaign****
>
>
>
--
Mthimkulu Mashiya