Mogoeng’s scathing remarks about Koen’s temperament — an important consideration when making appointments to the bench — came at the end of the latter’s interview for a position at the Supreme Court of Appeal in April this year.
Chief Justice Mogoeng Mogoeng appears to have crucified the wrong judge in accusing him of being “extremely rude” and terrifying his superiors during what the head of South Africa’s judiciary described as “one of the most unfortunate meetings judges should ever have”.
A KwaZulu-Natal judge who was at the 2016 meeting said the “collective memory” of the judges present did not accord with the chief justice’s recollection of it — nor did he agree with the language Mogoeng used to describe Koen: “I don’t understand what would have prompted [Mogoeng’s comments]. If you have the transcript, you can see what transpired,” the judge said.A former colleague of Koen’s described him as “a very good and hardworking judge”.
At the time of the interview, a perplexed Koen responded by first laying out the “context” for the meeting which included concerns by KwaZulu-Natal judges — which he personally did not agree with — that the cost-cutting directives from the OCJ were unconstitutional. They breached Section 176 of the Constitution which confirms that the “salaries, allowances and benefits of judges may not be reduced”.
However, a few weeks later the OCJ’s secretary general, Memme Sejosengwe, sent out another circular that did not carry Wagley’s rider which caused “ambiguity” among judges, Koen told the JSC this year. After several other judges speak, Mogoeng is recorded as saying: “I thought it was a bit serious to say that about your colleague.”
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