Mogoeng Mogoeng

Mogoeng Mogoeng
Chief Justice of South Africa
Incumbent
Assumed office 8 September 2011
Deputy	Dikgang Moseneke
Appointed by	President Jacob Zuma
Preceded by	Sandile Ngcobo
Personal details
Profession	Judge

Mogoeng Mogoeng is a judge in the Constitutional Court of South Africa. President Jacob Zuma announced Mogoeng as his preferred candidate to fill the vacant post of Chief Justice of South Africa and his appointment was confirmed on 8 September 2011.^[1][2]

Constitutional expert Pierre de Vos has referred to Mogoeng as the most conservative member of the court, pointing to ambivalence over gay rights in Le Roux and Others v Dey and a "deferential" approach to the executive in The Citizen and Others v Robert McBride.^[3] Mogoeng's appointment led to the role of the Judicial Service Commission (JSC) in the process being called into question.^[4]

Mogoeng has ruled for reduced sentences in child rape trials, stating that the non-violent nature of the rape negates the seriousness of the offense:

"One can safely assume that [the accused] must have been mindful of [the victim's] tender age and was thus so careful as not to injure her private parts, except accidentally, when he penetrated her. That would explain why the child was neither sad nor crying when she returned from the shop, notwithstanding the rape. In addition to the tender approach that would explain the absence of serious injuries and the absence of serious bleeding, he bought her silence and cooperation with Simba chips and R30." ^[5]

Mogoeng has been accused by the Nobel Women's Initiative of invoking dangerous myths about rape, and of blaming victims. ^[6]

The 2005 case of State v Moipolai involved the rape of an 8 months pregnant woman by her long-term boyfriend and father of her two other children. Justice Mogoeng reduced a sentence of 10 years imprisonment to 5 years and he stated here that the rape was not as “serious” as it would have been had a stranger committed it. ^[7]

The 2001 case of State v Mathebe saw Mogoeng reduce the sentence from two-years to a fine of R4000, for a man who tied his girlfriend to his car and dragged her 50m along a dirt road. Mogoeng said the man had been "provoked". ^[8]

References

1. ^ "Zuma picks Mogoeng as Chief Justice". Mail & Guardian. 2011-08-16. http://mg.co.za/article/2011-08-16-zuma-picks-mogoeng-as-chief-justice. 
2. ^ Cohen, Mike (2011-09-08). "Zuma Appoints Mogoeng as South Africa’s Chief Justice Ignoring Objection". Bloomberg. http://www.bloomberg.com/news/2011-09-08/zuma-appoints-mogoeng-as-south-africa-s-chief-justice-ignoring-objections.html. Retrieved 2011-09-16. 
3. ^ de Vos, Pierre (2011-07-29). "On the Appointment of a Chief Justice". http://constitutionallyspeaking.co.za/on-the-appointment-of-a-chief-justice/. 
4. ^ Naidoo, Prakash (2011-09-15). "Dissatisfaction grows". Financial Mail. http://www.fm.co.za/Article.aspx?id=153435. Retrieved 2011-09-16. 
5. ^ Ilham, Rawoot (2011-09-2). "Mogoeng's shocking child rape rulings". Mail & Guardian. http://mg.co.za/article/2011-09-02-mogoengs-shocking-child-rape-rulings. Retrieved 2011-09-16. 
6. ^ "Don't appoint Mogoeng, says Nobel Women's Initiative". Mail & Guardian. 2011-09-7. http://mg.co.za/article/2011-09-07-dont-appoint-mogoeng-says-nobel-womens-initiative. Retrieved 2011-09-16. 
7. ^ "Is the Appointment of Justice Mogoeng Mogoeng as Chief Justice in the Interest of the People?". Institute for Security Studies. 2011-09-8. http://www.polity.org.za/article/is-the-appointment-of-justice-mogoeng-mogoeng-as-chief-justice-in-the-interest-of-the-people-2011-09-08. Retrieved 2011-09-16. 
8. ^ "Fight to keep 'rape apologist' from top South African job". Associated Press. 2011-09-22. http://www.nzherald.co.nz/world/news/article.cfm?c_id=2&objectid=10750438. Retrieved 2011-09-22. 

Legal offices
Preceded by Sandile Ngcobo	Chief Justice of South Africa 2011 - present	Incumbent