Johnathan Paoli
Former Chief Justice Mogoeng Mogoeng said that he wants to be the President of South Africa while speaking to the media last week at a church gathering in Bloemfontein, where the retired judge told those gathered there that God had told him three times that he intends to make him president.
“It’s going to be miraculous…I’m not saying it might, it’s unstoppable, it’s inevitable. I don’t know when, but God will surely do it,” Mogoeng said.
Mogoeng added that God doesn’t want him to become president through an electoral process, and that God doesn’t want him to join or form a political party and lashed back at sceptics highlighting his nomination to the Constitutional Court as a reminder of his achievements despite mockery.
This is not the first time Mogeong has had a ‘prophecy’ about his presidency. Last year he expressed similar sentiments and said there are people even abroad who want to see him take up the reins at the Union Buildings.
Also, the All African Alliance Movement said after its launch last year, it wanted Mogoeng to run as their presidential candidate for the 2024 general elections.
AAAM secretary general Bishop Mishark Tebe, said South Africans were desperate for good and ethical leadership from someone like the former chief justice.
However, despite his executive ambition, Mogoeng’s presidential aspirations could be prevented as the Judicial Code of Conduct, which comes with certain perks, bars retired judges from taking part in party politics.
Judicial office comes with several lifetime benefits (Mogoeng receives remuneration worth about R2.8 million per annum) which includes car allowance, medical benefits, spousal benefits, and at the highest echelons, personal security.
Section 176(3) of the Constitution states that a judge’s salary, allowance, and benefits may not be reduced. The ultimate purpose of this is to free judges from the pressures (and temptations) of seeking income elsewhere. It’s a safeguard against judges being bought to decide cases in a certain way.
Section 11 of the Judicial Service Commission Act prohibits judges from receiving any payment for any service or holding any paid office other than judicial office.
The Code of Judicial Conduct goes even further and states that judges may not be members of political parties; may not speak on specific issues, especially ones that could be seen as reflecting on the merits of cases pending before the courts, or that may draw the judge into political controversy.
Under Article 17, applicable only to retired judges, Note 17(iv) states in no uncertain terms that “retired judges must not enter party politics”.
Detractors have said that Mogoeng’s run for the presidency would also prove problematic for the judiciary, as it would call into question the motivations behind previous public statements and whether they were solely guided by the law, or perhaps with an eye for high political office representing a political party.
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