Application is based on former chief justice's comments about SA's foreign policy towards Israel.
18 December 2021 - 17:19Former chief justice Mogoeng Mogoeng's recusal is being sought by Cosatu and Bongani Masuku in a hate speech case between them and the South African Human Rights Commission.Comments by former chief justice Mogoeng Mogoeng on SA’s foreign policy towards Israel have led to an application for his recusal from a case in which judgment is already more than two years outstanding.
The statements, in which Masuku mentioned Zionists belonging to “the era of their friend Hitler”, were made during a speech he gave at Wits University and during an earlier march planned for the offices of the board of deputies and the South African Zionist Federation. He said the statements were political speech, directed at Israel and Zionism and not at Jews.
He has appealed the decision. But Cosatu has said Mogoeng should have at least told the parties before the webinar that he was going to participate. He had also responded “dismissively and with intemperate language” to Africa4Palestine and Boycott Disinvest and Sanctions Coalition-SA, two organisations that were allies of Cosatu, said Cosatu’s secretary-general Bheki Ntshalintshali in an affidavit.
After the Qwelane decision was handed down by the Constitutional Court in August this year — in which it found his article Instead, the Constitutional Court on October 15 — four days after Mogoeng had retired — wrote to the parties asking for their view on Mogoeng’s participation.
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