Application is based on former chief justice's comments about SA's foreign policy towards Israel.
-Former 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 commission claimed that statements made by Masuku in the aftermath of the brutal Gaza War in 2009 amounted to hate speech under the Promotion of Equality and Prevention of Unfair Discrimination Act. He quoted the Bible at length and said that despite neocolonialism, which was still causing suffering to Africans, SA had not cut ties with or disinvested from its former colonisers, and its position needed reflection. After the webinar and responding to the public outcry, Mogoeng said during a virtual prayer session that he would never apologise for his remarks – “even if 50 million people can march every day for the next 10 years”.
Ntshalintshali said Mogoeng had shown “unconditional” support for Israel and was critical of the BDS campaign that Cosatu supported and which “formed the context of the statements made by Mr Masuku”.
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